HomeMy WebLinkAbout04/10/02 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 10, 2002
Council Chambers, City Hall, 1501 Truxtun Avenue
Pm-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, Benham
Maggard, Couch, Hanson (seated at 6:10
p.m.), Sullivan (seated at 5:23 p.m.)
None
ACTION TAKEN
2. WORKSHOP
a. City Council Goal Setting.
Alan Christensen, Assistant City Manager gave a
brief overview of goals, provided written material
and answered questions.
Motion by Salvaggio to recess to Closed
Session at 5:38 p.m.
APPROVED
AB HANSON
CLOSED SESSION
Conference with Legal Counsel Existing
Litigation; Closed Session pursuant to Subdivision
(a) of Government Code Section 54956.9 City of
Bakersfield vs. Equilon Enterprises, LLC; Kern
County Superior Court Case No. 245340 JES;
City of Bakersfield vs. Equilon Enterprises, LLC,
Wanamaker, et al.; Kern County Superior Court
Case No. 245338 SPC
Conference with Legal Counsel Existing
Litigation; Closed Session pursuant to Subdivision
(a) of Government Code Section 54956.9. Robert
Johnson and Tony Eddington vs. The City of
Bakersfield; United States District Court Case No.
CV-F-01-5870 AWl DLB
NAT
NAT
9O
Bakersfield, California, April 10, 2002 - Page 2
CLOSED SESSION continued
AC~ON TAKEN
Conference with Real Property Negotiators
pursuant to Government Code Section 54956.8;
Property 1029 13"~ Street, Bakersfield, CA (APN
006-521-01); Agency Negotiators: Finance
Director Gregory Klimko and Real Property
Manager Donald Anderson; Negotiating Parties:
Eugenia L. Goosby-Marshall and Ronald Goosby
on behalf of Estate of Frank J. Goosby; Under
Negotiation: Price and terms of payment for
purchase.
NAT
Conference with Legal Counsel Potential
Litigation; Significant exposure to litigation
pursuant to Subdivision (b)(3)(E) of Government
Code Section 54956.9. Two potential cases.
NAT
License/Permit Determination for One applicant;
This Closed Session is authorized pursuant to
Section 54956.7 of the Government Code.
NAT
Motion by Salvaggio to adjourn from Closed Session
at 7:02 p.m.
APPROVED
REGULAR MEETING
INVOCATION by Rev. David Goh, and son Hunter,
Bakersfield Community Church
PLEDGE OF ALLEGIANCE by Angelina Roman, 6t~ Grade
Student and Class President, Thorner Elementary
3. ROLL CALL
Present: Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham
Maggard, Couch, Hanson, Sullivan
Absent: None
CLOSED SESSION ACTION
Mayor Hall announced there was no Closed Session
action as reflected on pages 1 and 2.
Bakersfield, California, April 10, 2002 - Page 3
9!
PRESENTATIONS
Mayor Hall presented a Proclamation to
representatives from the Keep Bakersfield
Beautiful Committee proclaiming April, 2002 as
"Keep Bakersfield Beautiful Month". Dana
Karcher, Colleene Cashmore, John Enriquez and
Keith Stoller accepted the proclamation.
Mayor Hall presented a Proclamation to Lavonne
C. Hall, 2002 Chairperson of Options Unlimited,
proclaiming April 25, 2002, as "Options Unlimited,
The Bakersfield Women's Business Conference
Day". Lavonne C. Hall, introduced Elaine McNery,
Pat DeMond, Rhonda Smiley, Dana Nichole and
Lorraine Buschar-Dang.
ACTION TAKEN
Mayor Hall recognized Bart Thiltgen, City Attorney.
Bart Thiltgen, City Attorney, stated a legal position has
been taken by the City Attorney's Office, the Development
Services Department requested the City Attorney's Office
assist in evaluating a legal question associated with a
normal site plan review process for an application by The
Silver Rhino, a proposed strip club. Extensive research
has been done, as a result of the evaluation of the
existing zoning regulations dating back to 1954 and as a
result of determination that the subject trailer park, which
is within 1,500 feet of that proposed location is being
regulated and is being inspected as a Mobile Home Site
by the State of California, the determination is, that
Trailer Park is in fact a Mobile Home Park which is a
residentially zoned situation in the City of Bakersfield,
therefore I have issued an opinion to the Development
Services Department that to issue an approval of the site
plan would be in violation of the Bakersfield Municipal
Code because that park is within 1500 feet.
Bakersfield, California, April 10, 2002 - Page 4
PUBLIC STATEMENTS
The following individuals spoke regarding Public
Health Merit Badge Day tour on March 27, 2002 of
the City Waste Water Plant and Greenwaste
Facility: Kyle Horton, Boy Scouts Troop 47; Kacy
Augdon, Troop 80, recognized Preston George,
Wastewater Division; Chris Lajoy, Troop 16,
recognized Mike Lane, Wastewater Division;
Andrew Kishimoto, Troop 16, recognized April
West, Wastewater Division; Tyler Thortenfruit,
Troop 16, recognized Wen-Shi Cheung,
Wastewater Division; Jeffrey Lajoy, Troop 16,
recognized Larry Hooker, Solid Waste Division,
Chad Horton, Troop 47, recognized Kevin Barnes,
Solid Waste Division.
Jerry Randall spoke in opposition of issuance of a
liquor license at 903 Baker Street, submitted
written information.
Alan Tandy, City Manager, stated staff will
address Mr. Randall's concerns.
The following individuals spoke regarding Consent
Calendar Item 8.qq. Adult-related businesses:
Michael Powell; Valerie Powell; Matthew Hall and
Monique Rogers.
Benham made comments regarding Consent
Calendar Item 8.qq. and requested Jack Hardisty,
Economic Development Sen/ices Director, explain
research done prior to legal opinion. Mr. Hardisty
responded.
Curt Dalton spoke regarding honoring Rick Mears,
submitted written material.
ACTION TAKEN
APPOINTMENTS
Two appointments to the Bakersfield
Redevelopment Agency, terms expire April 22,
2002.
Motion by Salvaggio to reappoint Thomas
Mishoe and Leonard Schroeder to the
Bakersfield Redevelopment Agency, terms
expiring April 22, 2006.
Bakersfield, California; April 10, 2002- Page 5
APPOINTMENTS continued
Two appointments to the Planning Commission by
Wards 2 and 4, term expires April 30, 2002.
Correspondence dated April 9, 2002, has been
received from Percy Robinson requesting
Council's consideration for appointment to the
Planning Commission.
Motion by Benham to appoint Wm. Edward
Blockley (Ward 2), to the Planning
Commission, term expiring April 30, 2006.
Motion by Couch to appoint Burr Ellison (Ward
4), to the Planning Commission, term expiring
April 30, 2006.
APPROVED
APPROVED
CONSENT CALENDAR
Minutes:
March 18, 2002 Joint City Council/Board of
Supervisors Special Meeting, and Mamh 20, 2002
Council Meeting.
Payments:
Payments from Mamh 8, to March 28, 2002 in the
amount of $9,050,871.34; and Self Insurance
payments from March 8, to March 28, 2002 in the
amount of $651,601.37.
Ordinances:
Adoption of an ordinance adding Chapter 1.34
and amending Sections 8.80.110B, 8.80.140B,
8.80.150A and 8.80.160 of the Bakersfield
Municipal Code relating to administrative appeals.
(First reading March 20, 2002)
First reading of an ordinance amending Section
3.20.105 of the Bakersfield Municipal Code
relating to Contract Procedures.
ORD 4053
FR
9¸4
Bakersfield, California, April 10, 2002 - Page 6
CONSENT CALENDAR continued
First reading of an ordinance adopting a Negative
Declaration and amending Section 17.06.020
(Zone Map No. 102-31) of Title 17 of the
Bakersfield Municipal Code by changing the
zoning from PUD (Planned Unit Development)
Zone to Revised PUD (Planned Unit
Development) Zone approving five additional
dwelling units for the Glenwood Gardens Senior
Residential Development on 20.33 acres located
at 350 Calloway Drive. (File #02-0108) (Ward 4)
First reading of an ordinance amending Section
1.12.040 of the Bakersfield Municipal Code by
adding Annexation No. 420 to Ward 6, located
along the west side of Stine Road, north of Taft
Highway. (Ward 6)
First reading of an Ordinance amending Section
1.12.040 of the Bakersfield Municipal Code by
adding Annexation No. 421 to Ward 4, located
along the north side of Brimhall Road, near
Verdugo. (Ward 4)
Resolutions:
Resolution of Intention No. 1268 adding territory,
Area 1-31 (Brimhall, Southport SW) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4)
Resolution of Application proposing proceeds for
annexation of uninhabited territory to the City of
Bakersfield, property identified as Annexation No.
434, located along the west side of Allen Road,
approximately 1,000 feet south of Rosedale
Highway. (Ward 4)
Bakersfield Amtrak Station: (Ward 2)
Resolution authorizing the filling of an
application with the Kern Council of'
Governments for allocation 'of
Transportation Development Act funds for
Fiscal Year 2002-03 to be utilized for the
maintenance of the Bakersfield AMTRAK
Station during said fiscal year,
A__C._.~_O~TAKEN ~*
FR
FR
FR
ROI 1268
RES 049-02
RES 050-02
Bakersfield, California, April 10, 2002 - Page 7
95
CONSENT CALENDAR continued
Appropriate $1,000 Interest Income and
$21,415 fund balance to the Public Works
Department's Operating Budget within the
Amtrak Operating Fund for operation and
maintenance costs for the Bakersfield
Amtrak Station.
Resolution authorizing use of $20 million in Right
of Way savings from the Westside Parkway for
road rehabilitation projects.
Resolution regarding a forum for citizens'
concerns regarding closure and shortage of
emergency rooms in the community.
Resolution adding territory, Area 1-32 (Hageman,
Knudsen North) to the Consolidated Maintenance
District and confirming the assessments,
approving the Public Works Director's Report and
authorizing collection of assessments by the Kern
County Tax Collector. (Ward 4)
no
Resolution adding territory, Area 2-25 (Old River,
Pacheco NW) to the Consolidated Maintenance
District and confirming the assessments,
approving the Public Works Director's Report and
authorizing collection of assessments by the Kern
County Tax Collector. (Ward 4)
Resolution to implementing local Government
Transportation Control Measures in the Severe
Area Ozone Plan for the San Joaquin Valley.
Authorization to apply for State Park Bond Act of
2000 Funds for the Dr. Martin Luther King Jr.,
Swimming Pool Rehabilitation Project. (Ward 1)
Resolution approving the applicant to
apply for grant funds for the Murray-
Hayden Urban Parks and Youth Service
Program under the Safe Neighborhood
Parks, Clean Water, Clean Air, and
Coastal Protection Bond Act of 2000 in the
amount of $813,000.
ACTION TAKEN
RES 051-02
RES 052-02
RES 053-02
RES 054-02
REMOVED FOR
SEPARATE
CONSlDERATION
RES 056-02
Bakersfield, California, April 10, 2002 - Page 8
CONSENT CALENDAR continued
New Job Specification, Reclassification and
Change to Salary Schedule:
Amendment No. 4 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
Park Construction & Facilities Planner.
New Job Specification: Park Construction
& Facilities Planner.
Reclassification: Supervisor II - Parks to
Park Construction & Facilities Planner.
Agreements:
r. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements
with Kyle Carter Homes, Inc. for Tract
6013, Phase 2, located north of Hageman
Road, east of Fruitvale Avenue. (Ward 4)
Final Map and Improvement Agreements
with Riverlakes Investment Company, LLC
for Tract 6048, located north of Olive
Drive, east of Calloway Drive. (Ward 4)
Agreement to Indemnify LAFCO to City
Annexation No. 429, Proceeding 1321, inhabited,
territory located north of Ming Avenue, west of
Anita Lane. (Ward 7)
Agreement to Indemnify LAFCO for City
Annexation No. 430, Proceeding 1323 uninhabited
territory located at the northeast corner of Noriega
Road and Allen Road. (Ward 4)
Agreement to Indemnify LAFCO for City
Annexation No. 432, Proceeding 1331 uninhabited
territory, located at the southwest corner of
Jewetta Avenue and Olive Drive. (Ward 4)
Agreement with Mogavero Notestine Association
for conducting the Southeast Charrette, not to
exceed $74,000. (Ward 2)
ACTION TAKEN
RES 122-01(1)
AGR 02-081
AGR 02-082
AGR 02-083
AGR 02-084
AGR 02-085
AGR 02-086
AGR 02-087
AGR 02-088
Bakersfield, California, April 10, 2002 - Page 9
CONSENT CALENDAR continued
Southeast Bakersfield Infill Housing Project: (Ward
l)
Agreement with Maranatha Corporation for
100,000 in HOME Investment Partnership
(HOME) funds to acquire property to
construct affordable single family homes in
the Lakeview/Cottonwood vicinity of the
Southeast Bakersfield Redevelopment
Project Area.
Appropriate Prior Year Entitlement
($35,201), Prior Year Program Income
($45,716) and transfer HOME contingency
($19,083) to the Economic and
Community Development Operating
Budget within the HOME Program Fund
for the Southeast Bakersfield Infill Housing
Project.
Sale of City owned surplus property: (Ward 1)
Agreement with Mt. Elgon Corporation to
sale City-owned surplus property located
at 407, 417, and 425 Lakeview Avenue for
$10.00.
Appropriate $2,850 CDBG prior year
entitlement to the CDBG operating budget
for escrow fees and related reports.
Westside Parkway Project:
Design Consultant Contract with URS
Corporation Americas for preliminary
highway geometric design, not to exceed
$100,000.
Appropriate $250,000 fund balance to the
Capital Improvement Budget within the
Transportation Development Fund for
design consultant costs and right-of-way
acquisition costs.
Assignment of Contract No. 02-048 with Brown
Armstrong Accountancy Corporation, Allen Road
Sewer Project (Scales Construction)
AGR 02-089
AGR 02-090
DEED $623
DEED 5624
CON 02-091
CON 02-048(1)
Bakersfield, California, April 10, 2002 - Page 10
CONSENT CALENDAR continued
aa.
Amendment No. 2 to Agreement No. 01-143 with
Sturgeon & Sons to add $90,000, (total annual
contract amount of $496,000) to provide median
island modification and street pulverizing for the
Streets Division, earthmoving for the Mt. Vernon
Greenwaste Facility, and rental of a water truck
for the Water Department.
bb.
Amendment No. I to Agreement No. RP 01-081
with K.M. Scrivner, Inc. to add $3,106 (total
contract amount $27,747) for additional planters,
trees and shrubs for Union Avenue Median
Landscape Project. (Ward 2)
CC.
Contract Change Order No. 1 to Agreement No.
01-064 with Granite Construction in the amount of
$121,772.92, (total contract amount of
$2,097,447.92) for the White Lane Street
Resurfacing and Street Widening Construction
from Wilson Road to Dovewood Street Project.
(Ward 6)
dd.
Contract Change Order No. 1 to Agreement No.
02-028 with Granite Construction in the amount of
$48,180 (total contract amount of $551,579) for
the Roadway Widening, Striping and Traffic Signal
Modification on Brimhall Road between Calloway
Drive and Coffee Road Project. (Ward 4)
Bids:
ee. Kroll Way Bridge, west of Gosford Road: (Ward 5)
Accept bid to award contract to Granite
Construction Company in the amount of
$248,010 to construct this project.
License to Encroach on Right of Way with
Arvin-Edison Water Storage District for
Kroll Way crossing of the Arvin-Edison
Canal.
Appropriate $65,000 fund balance to the
Capital Improvement Budget within the
Transportation Development Fund (TDF).
Accept bid from Jim Burke Ford, $106,336.23 for
one (1) replacement Patch Truck for the Streets
Division.
ACTION TAKEN
AGR 01-143(2)
AB COUCH
AGR 02-092
CON 02-093
DEED 5625
Bakersfield, California, April 10, 2002 - Page 11
CONSENT CALENDAR continued
gg.
hh.
ii.
jj.
kk.
II.
Award Bid to Central Valley Truck Center,
$176,844.53 for two dump trucks (additional) for
Streets Division.
Appropriate and transfer $52,000 General
Fund beginning balance and $82,000
Council contingency to the Equipment
Management Fund operating budget for
two additional 10 cubic yard dump trucks
for the Streets Division.
Accept bid from Pioneer Equipment Company
$29,547.38 for one replacement trencher for
Parks Division.
Accept bids from U. S. Traffic Corporation
$33,247.55; 3M, $24,756.52; Synchronex,
$12,226.50; and Pacific Lighting Sales $2,348.78,
for traffic signal control equipment. Total
$75,579.35
Replacement loader for Public Works:
Rescind award to Construction Machinery,
Incorporated, $88,641.05 for loader.
2. Accept bid from Quinn Company,
$95,613.28 for one replacement loader.
Miscellaneous:
Transfer $45,000 from the Capital Outlay
Fund/Capital Improvement Project Budget to the
Equipment Management Fund ($20,000) and the
General Fund ($25,000) operating budgets for the
Department of Recreation and Parks. (Ward 2)
Street Resurfacing/Reconstruction Program:
Authorize the addition of one Heavy
Equipment Operator and two Light
Equipment Operators to the Street
Division's operating budget within the
General Fund to provide additional staffing
for the City's resurfacing/reconstruction
program.
ACTION TAKEN
Bakersfield, California, April 10, 2002 - Page 12
CONSENT CALENDAR continued
mm. Addition to Management Information Systems
(MIS) Staff:
Approve two additional Office Systems
Technicians.
Transfer $19,000 from Council
Contingency to the MIS Operating Budget
in the General Fund to provide funding for
two additional Office Systems
Technicians.
nh.
Acceptance of 2000-01 Transportation
Development Act Funds Financial Statement.
00.
Recommend removal of Member Imogean McGill
from the Citizens Advisory Committee due to
excessive absences and recruitment of new
member.
pp. Cost Recovery Program Update.
ACTION TAKEN
DELETED
REFERRED TO
BUDGET & FINANCE
COMMITTEE
qq. Adult-Related Businesses.
Couch announced conflict of interest on Consent
Calendar item aa. due to source of income to himself.
Motion by Salvaggio to adopt Consent Calendar Items
a. through qq., with separate consideration of Item o.
and deletion of Item oo.
REFERRED TO
LEGISLATIVE AND
LITIGATION
COMMITTEE
APPROVED
Resolution to implementing local Government
Transportation Control Measures in the 9evere
Area Ozone Plan for the San Joaquin Valley.
RES 055-02
Motion by Couch to adopt Consent Calendar Item o. APPROVED
L
Bakersfield, California, April 10, 2002- Page 13
9. HEARINGS ACTIONTAKEN
a. Adoption of Negative Declaration with
mitigation measures for the State Route-
178/Fairfax Road Interchange Project. (ward 3)
Raul Rojas, Public Works Director, made brief
comments and introduced Aronold Ramming,
Project Manager, who gave an overview
presentation.
Hearing opened at 8:27 p.m.
Michael Lewis spoke in opposition of staff
recommendation.
Thefollowing individuals spoke insupport of staff
recommendation: Dennis Foxand Pete Leveroni.
Hearing closed at 8:37 p.m.
Motion by Maggard to adopt the resolution APPROVED
approving the Negative Declaration, with
mitigation measures, for the State Route-
1781Fairfax Road Interchange Project.
b. Red Light Photo Enforcement:
1. Public hearing regarding implementation
of Red Light Photo Enforcement Program.
AGR 02-094
2. Agreement with Redflex Traffic Systems,
Inc.for Digital Automated Red Light Photo
Enforcement Cameras.
John Stinson, Assistant City Manager. gave a
presentation.
Hearing opened at 8:53p.m.
No one spoke at hearing.
Hearing closed at 8:53 p.m
Lt. Tim Taylor, Bakersfield Police Department,
Karen Finley, Vice President Redflex Traffic
Systems, answered questions.
APPROVED
Motion by Salvaggio to approve the AB CARSON
agreement.
102
Bakersfield, California, April 10, 2002- Page 14
10. REPORTS
ACTION TAKEN
None.
11• DEFERRED BUSINESS
None,
12. NEW BUSINESS
None.
13. COUNCIL & MAYOR STATEMENTS
Couch commended Alan Tandy, City Manager, for
the way he handled the issue regarding CSUB
playing their basketball home games at Centennial
Gardens.
Couch referred to a letter from Cheryl Barbich and
complimented Gene Bogart, Water Resources
Manager, for his presentations regarding the water
elements and park features.
Couch referred to staff the issue of renaming
Freeway 178 to Rick Mears Expressway.
Couch referred to staff the issue of extensive
watering of medians on Gosford Road, south
of Stockdale Highway, north of Camino Media
and at Hageman Road, east of Coffee Road, west
ofPatton.
Benham requested Steve Walker, Traffic
Engineer, provide a status report of a previous
request for handicappedspacesoutsidePark
Place Apartments, by Central Park.
Benham referred to staff a concern from a
senior citizen regarding parking structure at the
Convention Center being available only for
handicapped access, and requested staff
respond.
Maggard applauded Jack Hardisty, Development
Services Director, and his staff for their diligence in
researching the zoning with regards to the mobile
home park.
Maggard asked if Council would consider
recognizing David Karr, Fresno State
Quarterback, and requested Mayor Hall help
coordinate his return to Bakersfield for
recognition.
13.
Bakersfield, California, April 10, 2002- Page 15
COUNCIL & MAYOR STATEMENTS continued
Maggard referred to Item 8.mm. and asked staff why
funding for new positions was taken from Council
Contingency and not the department, and stated if
Council Contingency is Iow prior to the next budget
Council can get reimbursed from that department.
Hanson requested Urban Development Committee
follow-up on issue regarding leaf blowers.
Hanson asked staff if they were aware of a meeting on
April 30, 2002 for development of a Darrell's Mini Storage
near Seven Oaks. Development Services Director
Hardisty stated staff did not initiate the meeting.
Hanson made comments regarding items with only one
bid received and hopes staff is following closely.
Hanson congratulated City Manager Tandy on receiving
a High Five recognition.
Carson announced the Southeast Charette will be held on
April 27-28, 2002 and encouraged everyone to attend.
Carson wished her daughter, in Memphis TN, a Happy
Birthday.
Sullivan referred to Legislative and Litigation
Committee the request to rename Freeway 178 to
Rick Mears Expressway.
Sullivan referred to Stan Ford, Recreation and Parks
Director, the issue of a new skateboard park in the
southwest, a temporary skateboard park location and
funding, and requested he contact her.
Salvaggio acknowledge City Manager Tandy's High Five
nomination.
Salvaggio requested staff consider a traffic light at
Akere Road extension, north of Pacheco, as a priority
for next budget session.
Salvaggio referred to the Police Department the issue
of speeding on Benton Street, between Wilson and
Belvedere.
Salvaggio referred to Public Works Director Roja$,
problems at the intersection of Wible and Berkshire
and stated he can meet with Traffic Engineer George
Gillberg to review options.
ACTION TAKEN
Bakersfield, California, April 10, 2002 - Page 16
13.
COUNCIL & MAYOR STATEMENTS continued
Salvaggio requested staff provide an update
regarding the sewers issue at the homes on Planz
Road and Hughes Lane.
Salvaggio requested staff provide an update
regarding the Gwendolyn Street Sewer project, and a
copy of the letter sent to property owners.
Salvaggio stated he is pleased with the progress of the
street resurfacing reconstruction program, Phase I.
Salvaggio made comments regarding the hockey game.
Salvaggio expressed appreciation and concern for City
employee, Denise Sullivan, who is currently fighting
cancer, and stated she continues to have a positive
attitude.
ACTION TAKEN
14. ADJOURNMENT
Mayor Hall adjourned th~¢ np~eting.at 9.~.~p.rn. J?~
MA"~OI~ of the City of Bakersfie!~,/CA
ATTEST:
CITY CLERK and Ex Officio-Cler, r,r,~of the
Council of the City of Bakersfiel{f