HomeMy WebLinkAbout04/24/02 MINUTES CC105
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 24, 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, Benham
Maggard (seated at 5:16 p.m.), Couch,
Hanson, Sullivan (seated at 6:35 p.m.)
None
ACTION TAKEN
2. WORKSHOP
Expanded Emergency Services by San Joaquin
Community Hospital.
City Clerk McCarthy announced due to unforseen
circumstances the representative from San
Joaquin Hospital is unavailable for this evenings
workshop; Therefore, the workshop is cancelled
and will be rescheduled at a later date.
Motion by Salvaggio to recess to Closed Session at
5:16p. m.
CLOSED SESSION
Conference with Legal Counsel Potential
Litigation; Initiation of litigation pursuant to
Subdivision (c) of Government Code Section
54956.9; One potential case.
Conference with Real Property Negotiators
pursuant to Government Code Section 54956.8;
Property: 1313 Q Street, Bakersfield, CA (APN
006-480-03); Agency Negotiators: Finance
Director Gregory Klimko and Real Property
Manager Donald Anderson; Negotiating Party:
Dave G. Cross on behalf of American Home
Industries Corporation; Under Negotiation: Price
and terms of payment for purchase.
CANCELLED
APPROVED
AB SULLIVAN
NAT
NAT
Motion by Benham to adjourn from Closed Session APPROVED
at 6:52 p.m.
Bakersfield, California, April 24, 2002 - Page 2
REGULAR MEETING
INVOCATION by Pastor Erick Harm, Stine Road Baptist
Church
PLEDGE OF ALLEGIANCE by Matthew White, Cub Scout
and 3rd Grade Student, Stockdale Christian Elementary
School
3. ROLL CALL
Present: Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham
Maggard, Couch, Hanson, Sullivan
Absent: None
ACTION TAKEN
CLOSED SESSION ACTION
No action taken.
PRESENTATIONS
Mayor Hall presented a Proclamation to Rhonda
Smiley,. of the Public Employees Roundtable of
Kern, proclaiming May 6-10, 2002 as "Public
Employees Recognition Week".
Mayor Hall presented to members of the Keep
Bakersfield Beautiful Committee Certificates of
Appreciation to Mr. John W. Lowrey and Mr. Rick
Rhodes for taking pride in the appearance of their
neighborhood; and also acknowledged Ralph
Kitchen, Solid Waste equipment Operator who in
addition to his work duties took the time to clean
area where he was working.
John Enriquez, Keep Bakersfield Beautiful
Committee, presented certificates to Mayor Hall
and introduced Colleen Cashmore, Recreation
Specialist who spoke regarding the Great America
Clean-Up, April 27, 2002.
PUBLIC STATEMENTS
a. Gregory Gavino spoke regarding pedestrian
bridge at Bernard Street.
Bakersfield, California, April 24, 2002 - Page 3
PUBLIC STATEMENTS continued
The following individuals spoke regarding a Skate
Park in the southwest: Tina Zimmerman and Jose
Cornego.
Benham referred to Community Services Committee
the issue of additional skate parks in southwest.
Carson requested Chief Matlock to look into giving
warnings instead of tickets.
Brad Hoffman spoke regarding Blitz Football,
invited Council to the game on May 4, 2002,
provided tickets and beads.
Carson referred to Public Works comments by
Gregory Gavino for review.
The following individuals spoke regarding the
Mayor's Youth Advisory council Project: Eugene
Kwan; Gregory Reynolds; and Kathy Elliott. Mayor
Hall acknowledge Chelsea Miranda, South High
and Whitney Sandavol, Bakersfield Christian
School.
ACTION TAKEN
7. APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. April 10, 2002 Council Meeting.
Payments:
b. Payments from March 29, to April 11,2002 in the
amount of $4,979,141.01; and Self Insurance
payments from March 29, to April 11,2002 in the
amount of $159,878.35.
Bakersfield, California, April 24, 2002 - Page 4
CONSENT CALENDAR continued
Ordinances:
Adoption of 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 No. 02-0180) (First
reading 4/10/02) (Ward 4)
Adoption of 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.
(First reading 4/10/02) (Ward 6)
Adoption of 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. (First
reading 4/10/02) (Ward 4)
Adoption of ordinance amending Section 3.20.105
of the Bakersfield Municipal Code relating to
Contract Procedures. (First reading 4/10/02)
Resolutions:
Resolution adding territory, Area 1-31 (Brimhall,
Southport SW) 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 determining that Bioxide (chemical) for
sewer odor control and reduction of sulfide gas
levels cannot be reasonably obtained through the
usual bidding procedures and authorizing the
Finance Director to dispense with bidding thereof;
not to exceed $250,000 annually.
ACTION TAKEN
ORD 4054
ORD 4055
ORD 4056
ORD 4057
RES 058-02
REMOVED FOR
SEPARATE
CONSlDERATION
Bakersfield, California, April 24, 2002 - Page 5
CONSENT CALENDAR continued
Resolution ordering summary vacation of the
superseded portions of County Road No. 912
(Morning Drive) between the north line of Parcel
Map No. 2583 and Alfred Harrell Highway. (Ward 3)
Assessment District No. 01-3, (Madison
Grove/San Lauren/Mountain VistaNVestlake):
(Ward 4)
Resolution preliminarily approving
Engineer's Report, setting date for public
hearing of protests.
Resolution approving form and substance
of acquisition and disclosure agreements
and authorizing changes thereto and
execution thereof.
Acquisition and Disclosure
Agreement with Campus Park
Development, LLC, a California
limited liability company.
Acquisition and Disclosure
Agreement with Communities at
Westlake, LLC, a California
limited liability company.
Acquisition and Disclosure
Agreement with Kyle Carter
Homes, Inc. a California
Corporation.
Acquisition and Disclosure
Agreement with Rosedale
Construction Company, a
California Corporation.
ACTION TAKEN
RES 060-02
RES 061-02
RES 062-02
AGR 02-095
AGR 02-096
AGR 02-097
AGR 02-098
Bakersfield, California, April 24, 2002 - Page 6
CONSENT CALENDAR continued
Authorization to apply for Proposition 12,
Watershed, Wildlife and Parks Improvement Bond
Act of 2000 funds for the replacement of aging
Date palms and development of canopy cover in
the Kern City Civic Association right of ways. (Ward
5)
Resolution approving the applicant to
apply for grant funds for the California
Department of Forestry and Fire
Protection Urban Forestry Grant Program
under the Proposition 12 Watershed,
Wildlife and Parks Improvement Bond Act
of 2000 in the amount of $50,000.
Resolution determining that the Police
Department's Computer Aided Dispatch (CAD)
System cannot be obtained through the usual
bidding procedures and authorizing the Finance
Director to dispense with bidding therefore, not to
exceed $1,080,000.
Agreement with Versaterm Inc., not to
exceed $1,080,000 for purchase of a
Computer Aided Dispatch system.
Appropriate $810,000 COPS MORE01
funds from the U.S. Department of Justice
and $270,000 from Asset Forfeiture funds
to the Capital Improvement Budget within
the Capital Outlay fund for the purchase of
a Computer Aided Dispatch System.
m. Police Equipment:
Resolution determining the PYXIS Audio
Recording System cannot be obtained
through the usual bidding procedures and
authorizing the Finance Director to
dispense with bidding therefore, not to
exceed $44,000.
Transfer from the Internal Vehicles
Vehicle Rental account, $44,000 to the
Capital Outlay account for the purchase of
a digital recording system for the purpose
of recording police radio traffic and
telephone calls in the Police Department
Communications Center.
ACTION TAKEN
RES 063-02
RES 064-02
AGR O2-099
RES 065-02
Bakersfield, California, April 24, 2002 - Page 7
CONSENT CALENDAR continued
Agreements:
n. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement
with Rex L. Martin for Tract 5923, Phase
2, located east of Kern Canyon Road,
south of Chase Avenue. (Ward 3)
Final Map and Improvement Agreement
with Almond Tree Village for Tract 5941,
Phase 4, located north of Berkshire Road,
west of Monitor Street. (Ward 7)
Agreement with Brown, Armstrong, Paulden,
McCown, Hill, Starbuck & Keeter, Accountancy
Corporation, $60,000 for a full scope annual audit
of the 2001-02 Fiscal Year.
General Plan AmendmentJZone Change
No. 02-0030: (Ward 6)
Agreement with Castle & Cooke
Commercial-CA, Inc. a California
Corporation, for the preparation of an
Environmental Impact Report, and
appropriation of $111,600 Developer's
Contribution to the Development Services
Operating Budget in the General Fund.
Agreement with Jones and Stokes ,
$83,676 to prepare an Environmental
Impact Report (EIR) for General Plan
Amendment/Zone Change NO. 02-0030,
located at the southwest corner of
Pacheco Road and Gosford Road.
Assessment District No. 02-1
(Avalon/Belsera/Montara/The Woods): (Ward 4)
Agreement with Orrick, Herrington &
Sutcliffe, Bond Counsel, for legal services.
Agreement with Phillsbury Winthrop, LLP,
Disclosure Counsel, for legal services.
Agreement with Wilson and Associates,
for Assessment Engineering.
ACTION TAKE~
AGR 02-100
AGR 02-101
AGR 02-102
ABS CARSON
AGR 02-103
AGR 02-104
AGR 02-105
AGR 02-106
AGR 02-107
112
Bakersfield, California, April 24, 2002 - Page 8
CONSENT CALENDAR continued
r. Mobility Opportunities via Education:
Agreement with Kern County
Superintendent of Schools for $370,000 of
U.S. Department of Housing and Urban
Development (HUD) FY 2000 EDI -
Special Projects Grant funds for
construction of an educational facility at
1515 Feliz Drive. (Ward 1)
Appropriate $370,000 of EDI funds to the
CDBG Operating Budget for
reimbursement to Kern County
Superintendent of Schools.
s. Property Acquisition: (Ward 2)
Purchase AgreementwithJoyce Monaco-
Olivas, $141,000 to purchase real
property at 1020 & 1022 California
Avenue.
Purchase Agreement with Kelle Lyn Perry-
Coleman, $49,000 to purchase real
property at 907 13th Street.
Appropriate and transfer $200,000
unanticipated Motor Vehicle In-Lieu Taxes
to the Capital Improvement Budget in the
Off-Street Parking Fund for land
acquisition, closing costs, relocation
assistance.
Reimbursement Agreement with Equilon
Enterprises LLC, not to exceed $51,800 for
services in easement acquisition action.
Cooperative Agreement with County of Kern for
use of Proposition 12 Funds to extend the Kern
River Bike Path. (Ward 3)
Cooperative Agreement with the Department of
Transportation, State of California for realignment
of Comanche Road at State Route 178. (Ward 3)
Two-Year Lease Agreement with Manbir Singh,
M.D. and Taran Singh, $18,495 annually for office
space at 3945 Hughes Lane #D. (Ward 7)
ACTION TAKEN
AGR 02-108
AGR 02-109
AGR 02-110
DEED 5646
AGR 02-111
AGR 02-112
AGR 02-1'13
AGR 02-114
Bakersfield, California, April 24, 2002 - Page 9
CONSENT CALENDAR continued
Amendment No. 1 to Agreement No. 78-146 with
the County of Kern to lease real property, 2.99
acres for an animal shelter located at 201 South
Mount Vernon Avenue. (~Vard 1)
Amendment No. 2 to Agreement No. 99-334 with
outside counsel Duane, Morris & Heckscher,
$100,000 for legal services in the matter of North
Kern Water Storage District vs. Kern Delta Water
District, et al, Tulare County Superior Court Case
No. 96-172919, total contract not to exceed
$250,000.
Bids:
Accept bid from Stewart Electric Supply,
Incorporated, $73,387.96 for traffic signal poles
and equipment. (Wards 1,4,5,6)
aa.
Rejection of bids for Diesel Powered 55 foot
Insulated Aerial Device.
bb.
Refuse and Yard Waste Containers for Solid
Waste:
Accept bid from Rehrig Pacific Company,
$232,625.25 for additional containers
contingent upon Council approval of FY
2002-03 Budget.
Appropriate $62,000 Solid Waste Fund
Balance to the Public Works Operating
Budget for the purchase of 1,400
containers prior to June 30, 2002.
Miscellaneous:
CC. Miscellaneous appropriations: (Ward 3)
Appropriate $135,000 fund balance to the
Capital Improvement Budget within the
Transportation Development Fund and
reduce appropriations $119,500 within the
ISTEA Fund and $15,500 within the Gas
Tax Fund for the traffic signal at Mount
Vernon and Panorama.
ACTION TAKEN
AGR 78-146(1)
AGR 99-334(2)
Bakersfield, California, April 24, 2002 - Page 10
CONSENT CALENDAR continued
CC. 2.
Appropriate $119,500 Federal Funds and
$15,500 Fund Balance to the Capital
Improvement Budgets within the ISTEA
Fund and Gas Tax Fund respectively for
the traffic signal at Panorama and Chumh.
dd.
Appropriate $46,000 current available revenues to
the Old Town Kern-Pioneer Operations Funds for
a consultant agreement for the preparation of
Section 108 Federal Loan Applications and
Brownfield Economic Development Initiative
(BEDI) Grant Applications. (Wards 1,2)
ee.
Appropriate $70,882 from Office of Emergency
Services to the General Fund Fire Department
Operating Budget for overtime costs in mutual aid
assignments.
ff.
Pacific Bell's request for an easement between
Chamber Boulevard and Bromley Way to install
underground communication facilities
(Windermere Park). (Ward 4)
gg.
Authorize a Waiver of Sub-Grant Award for
Juvenile Accountability Incentive Block Grant,
(requested by the Kern County Probation
Department).
hh.
Convert Office Systems Technician in
Management Information Systems Division (MIS)
from temporary to permanent status.
ii. 2002 City Council Goals.
ACTION TAKEN
DEED 5631
REMOVED FOR
SEPARATE
CONSlDERATION
Motion by Salvaggio to adopt Consent Calendar Items
a. through hh. with separate consideration of Items h.
and ii.
APPROVED
Resolution determining that Bioxide (chemical) for
sewer odor control and reduction of sulfide gas
levels cannot be reasonably obtained through the
usual bidding procedures and authorizing the
Finance Director to dispense with bidding thereof;
not to exceed $250,000 annually.
RES 059-02
Motion by Salvaggio to adopt Consent Calendar Item APPROVED
Items h.
Bakersfield, California, April 24, 2002 - Page 11
CONSENT CALENDAR continued
ii. 2002 City Council Goals.
Mayor Hall requested the following be included to
Council Goal No. 6: Promote community pride
and image as Item No. 5. No. 5 would read
create landscape gateways, freeways, and arterial
roads, increase freeway and entry point
landscape standards. Create a highway
landscape Improvement Plan in cooperation with
Ca/ Trans and other local agencies and
encourage community involvement. Work with
these groups to obtain funding and complete
these improvements. This new goal is consistent
with the existing Council goals regarding
improving our image and community. It also
incorporates an objective from the quality of life
section of the Vision 2020 Aotion Plan.
Motion by Salvaggio to adopt Consent Calendar Item
ii. as emended.
HEARINGS
Bakersfield High School has filed an appeal of the
Board of Zoning Adjustment's decision to approve
CUP No. 02-0090 to Kulbir Bajwa to allow general
auto repairs/sales and a modification to eliminate
the requirement for a six-foot high block wall on
the north property line in a C-1 (Neighborhood
Commercial) zone, located at 1700 California
Avenue. (Ward 2)
City Clerk McCarthy announced correspondence
was received April 23, 2002 from David Reese
withdrawing his appeal.
Mayor Hall recognized David Reese, Principal,
Bakersfield High School, who made comments
regarding Bakersfield High School.
AC~ON TAKEN
APPROVED
NAT
Hearing to consider a resolution establishing
sewer service user charges for Fiscal Year 2002-
03.
Raul Rojas, Public Works Director, made brief
comments.
RES 066-02
Hearing opened at 8:06 p.m.
Bakersfield, California, April 24, 2002 - Page 12
HEARINGS continued
b. No one spoke at hearing.
Hearing closed at 8:06 p.m.
Motion by Salvaggio to adopt the resolution.
ACTION TAKEN
APPROVED
Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessments of
certain properties in the City of Bakersfield for
which structures have been secured against entry
or for the abatement of certain weeds, debris and
waste matter. (Wards 1,2,3.6)
Jack Hardisty, Development Services Director,
requested Item No. 4. 6841 Lowrey Street be
removed from the assessment list.
Hearing opened at 8:09 p.m.
No one spoke at hearing.
Hearing closed at 8:09 p.m.
Motion by Carson to adopt the resolution.
RES 067-02
APPROVED
10.
11.
12.
13.
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
COUNCIL & MAYOR STATEMENTS
Hanson stated Bakersfield is a beautiful city and extended
appreciation to everyone for keeping it beautiful.
Hanson wish Benham, Sullivan and Selvaggio a safe and
wonderful time in Japan.
Maggard thanked Mayor Hall for honoring Ned
Permenter.
13.
Bakersfield, California, April 24, 2002 - Page 13
COUNCIL & MAYOR STATEMENTS continued
Benham commended Stan Ford, Recreation and Parks
Director, and Paul Graham, Urban Forester, for grant
application regarding Item 8.k.
Benham referred to Gene Bogart, Water Resources
Director, concerns from Andy Honig regarding water
treatment facility in the northeast, and requested a
response.
Benham referred to Budget and Finance Committee
correspondence from the Art Museum and Golden
Empire Gleaners.
Benham expressed support for Bakersfield High School.
Carson announced the Charette process will begin this
Friday thru Sunday, April 26-28, 2002 and invited
everyone to attend, and thanked staff and citizens for
their efforts in putting this together.
Carson requested Fire Chief Fraze provide the
following:
· A progress report regarding the process of
reviewing the old vs. the new fire stations
City-wide,
· Update of Stockdale Highway Fire Station
regarding safety of entering/exiting and
outside interest in purchasing that property,
· Update regarding response times for all
stations,
· Update ofprevious concerns regarding Station
No. 5.
Couch thanked the Water Department staff for their
efficient response to sump issues on Reed Street and
requested to be advised if there are any further problems.
Couch stated he will be forwarding pictures to staff of the
specific tree he spoke to staff about.
Couch stated he attended a Cai Cog meeting and
referred to staff for review and possibly adoption by
the City, The Principals for the Re-authorization for
the Transportation Equity Act for the 21't Century by
CalGOG and California Department of Transportation.
Couch requested staff stay in contact with the activities of
the group LOCAL (Leave Our Community Assets Local).
~AKEN
13.
Bakersfield, California, April 24, 2002 - Page 14
COUNCIL & MAYOR STATEMENTS continued
Couch stated he needs to talk with City Manager
Tandy regarding a County issue.
Couch stated he had an issue at Pin Oak Park. Hanson
responded he is following up.
Salvaggio made comments regarding the Out-call
Massage Licensing proposal.
Salvaggio referred to Public Works a concern from
Lisa Gonzales regarding road paving on Gosford
Road, between Stockdale and White Lane, and
requested a memorandum.
Salvaggio referred to Code Enforcement concerns
from Stine Ranch Home Owners Association
regarding parking on lawns.
Salvaggio thanked Public Works Director Rojas for
the update regarding the sewers at the homes on
Planz Road and requested staff provide him with
copies of all correspondence sent to homeowners
being tested and results of dye tests.
Salvaggio requested staff provide Council with a brief
memorandum clarifying the skateboard issue at
Silver Creek Park.
Salvaggio requested staff provide an update
regarding replacing the playground equipment at
Planz Park.
Salvaggio thanked Mayor Hall for his efforts for improving
the landscaping on Freeway 99.
Mayor Hall recognized David Carr, for his attributes with
football and stated he may be here on May 8, 2002, if
that's not possible, Mayor Hall will request Council be
present on May 6, 2002 to give recognition.
Mayor Hall announced miscellaneous employees who
participate with BCMEMBA have raised over $10,000 for
the local Cancer Relay for Life on April 27, 2002.
ACTION TAKEN
Bakersfield, California, April 24, 2002 - Page 15
13.
COUNCIL & MAYOR STATEMENTS continued
Mayor Hall made comments regarding freeway
beautification on local freeways and encouraged staff to
move forward in developing a Bakersfield Freeway Master
Plan and Council to consider possibly forming a seven
member community group. Mayor Hall recognized City
Manager Tandy, Public Works Director Rojas, Ted
Wright, Civil Engineer and Rhonda Smiley, Office
Administrator/Public Relations, for their efforts and stated
staff will be preparing correspondence to State Officials
for their support.
ACTION TAKEN
14.
ADJOURNMENT
Mayor Hall adjourned the.~/r,~-~ting at 8;35 ~
MAYOR of the 0ity of Bakersfield, CA/'
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield