HomeMy WebLinkAbout10/16/02 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 16, 2002
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
295
PREMEETING
1. ROLLCALL
Present:
Absent:
Mayor Hall, Vice Mayor Salvaggio,
Councilmembers Carson, (seated at
5:20 p.m.) Benham, Maggard,
Couch, (seated at 5:21 p.m.) Hanson,
Sullivan
None
2. WORKSHOP
a. Aquatics Facility
The following individuals spoke in favor of
building the Aquatic Center: Brent
Dezember, Greg Bynum, Gary Ridgeway,
Stephanie Campbell, Pat Skehan, Father
Jim LaCasse, Tim Cummings, Susan Begin,
and Scott Begin.
Benham thanked the speakers.
Motion by Salvaggio to recess to Closed
Session at 5:40 p.m.
3. CLOSED SESSION
Conference with Legal Counsel -
Existing Litigation Closed session
pursuant to subdivision (a) of
Government Code section 54956.9.
Joanne Edna Mullins v City of
Bakersfield, et al.; Kern County Superior
Court Case No. 242706.
ACTION TAKEN
APPROVED
NAT
296
Bakersfield, California, October 16, 2002 - Page 2
8. CLOSED SESSION continued
Conference with Legal Counsel -
Existing Litigation Closed session
pursuant to subdivision (a) of
Government Code section 54956.9.
Zachary David Faulconer v. City of
Bakersfield, et al.; Kern County Superior
Court Case No. 245793-SPC.
Motion by Salvaggio to adjourn from Closed
Session at 6:42 p.m.
REGULAR MEETING
INVOCATION by Pastor Yves Monnier of Bakersfield
Hillcrest 7th Day Adventist Church
PLEDGE OF ALLEGIANCE by Jacob Reiss, second
grader from Patriots Elementary School
3. ROLL CALL
Present:
Absent:
Mayor Hall, Vice Mayor Salvaggio,
Councilmembers Carson, Benham,
Maggard, Couch, Hanson, Sullivan
None
ACTION TAKEN
NAT
APPROVED
4. CLOSED SESSION ACTION
Motion by Maggard to add an item that arose after the
agenda was posted and requires action tonight.
12. CONSENT CALENDAR
Agreement with Granite Construction
Company for the Realignment of Comanche
Drive at SR 178 and installation of a traffic
signal.
5. PRESENTATIONS
Proclamation by Mayor Hall to Vivian Tucker
proclaiming October 16, 2002 "Vivian
Tucker Day".
NAT
APPROVED
Ms. Tucker made comments.
Bakersfield, California, October 16, 2002 - Page 3
297
PRESENTATIONS continued
Proclamation by Mayor Hall to Art Carlock,
Chairman, Highway 99 Committee
proclaiming October 25-27, 2002 as "First
Annual Highway 99 Cruise and Show Days."
Art Carlock and Cathy Butler made
comments.
Mayor Hall thanked Cathy Butler for her
efforts to promote business in downtown
Bakersfield.
5.a. AUDIENCE RECOGNITION
Mayor Hall recognized political science
students from Bakersfield College and
government students from Ridgeview High
School.
6. PUBLIC STATEMENTS
Paul Giboney spoke and submitted
correspondence on behalf of Kern Food
Growers Against Sewage Sludge and
requested the Council encourage the Kern
County Board of Supervisors to prohibit
sewage sludge applications of any
classification over any usable groundwater
as determined by the Kern County Water
Agency.
Salvaggio requested the Water Board address
the issue and report back to Council.
Luanne Aakhus spoke in support of the
Aquatics Center.
APPOINTMENTS
None.
CONSENTCALENDAR
Minutes:
October 2, 2002 Council Meeting submitted
for approval.
ACTION TAKEN
298
Bakersfield, California, October 16, 2002 - Page 4
CONSENT CALENDAR
Payments:
Payments from September 20, to October 3,
2002 in the amount of $5,889,482.19 and
self insurance payments from September 20,
2002, to October 3, 2002 in the amount of
$210,838.71.
Ordinances:
Ordinance amending Chapter 15.74 of the
Bakersfield Municipal Code relating to flood
damage prevention. (First reading)
Ordinance amending section 5.50.300 of the
Bakersfield Municipal Code regarding appeal
of revocation or suspension of taxi driver's
permit. (First reading)
Ordinance amending Section 10.72.030 of
Chapter 10.72 of the Bakersfield Municipal
Code relating to designated boundaries of
the Downtown Parking Mall. (First reading)
(Ward 2)
Resolutions:
Resolution of Intention No. 1283 to add
territory, Area 4-18 (Miramonte, 178 SE) to
the consolidated Maintenance District and
preliminarily adopting confirming and
approving Public Works Director's report.
(Ward 3)
Resolution confirming the approval by the
City Manager or his designee of 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 and authorize collection of the
assessments by the Kern County Tax
Collector. (Ward 1,3,6,7)
Assistant City Clerk announced City the
deletion of property at 145 Clifton Street
from the Resolution.
ACTION TAKEN
FR
FR
FR
ROI 1283
RES 171-02
Bakersfield, California, October 16, 2002 - Page 5 2 9 9
CONSENT CALENDAR continued
Resolution amending the official list of
designated speed zones, pursuant to
Sections 22357 and 22358 of the California
Vehicle Code and Chapter 10.24 of the
Bakersfield Municipal Code. (Ward 1,4,5,6,7)
Resolution approving the Relocation Plan for
Old Town Kern Mixed Use Project. t'VVard 2)
Resolution setting the dates of Regular City
Council Meetings, Budget Hearings, and
Department Presentations for January
through December 2003.
Resolution ordering the summary vacation of
portion of the Public Utilities Easement
adjacent to the west line of Lot 21, Block 5 of
Tract No. 1472. (Ward 2)
Resolution confirming assessment of sewer
connection fee and authorizing the collection
of assessment by the Kern County Tax
Collector.
Agreement with property owner of
6830 Lowry Street to pay sewer
connection fee in installments and
notice of special assessment lien.
(Charles. R. Coates)
Agreements:
m. Tract Maps/Improvement Agreements
Final Map and Improvement with
Harry Hardy for Tract 5944 Phase 2
located south of McKee Road and
west of Akers Road. (Ward 6)
Final Map and Improvement
Agreements with Kyle Carter Homes,
Inc. for Tract 6000 Phase 1 located
north of State Route 178 and east of
Alfred Harrell Highway. (Ward 3)
ACTION TAKEN
RES f72-02
RES 173-02
REMOVED FOR
SEPARATE
CONSIDERATION
RES 175-02
RES 176-02
AGR 02-291
AGR 02-292
AGR 02-293
AGR 02-294
300
Bakersfield, California, October 16, 2002 -Page 6
CONSENT CALENDAR continued
Item 8.m. continued
Final Map and Improvement
Agreement with Poder-Robertson
Engineering and surveying Inc., for
Tract 5518 Phase 1 located south of
Highway 178 and east of Miramonte
Drive. (Ward 3)
Final Map and Improvement
Agreement with Almond Tree Village
for Tract 6092 Phase 2 located south
of Berkshire Road and east of
Monitor Street. (Ward 7)
Transportation Impact Fee
Agreement with Kyle Carter Homes,
(Ward 4)
Inc.
Agreement for emergency dispatch services
between Kern County, City of California City,
and the City of Bakersfield.
Contract with The Best Solution, Inc. to
prepare a Metropolitan Medical Response
System for the City of Bakersfield for
$63,000.
Appropriate $400,000 Federal Grant
Revenue to the Fire Department
General Fund Operating Budget.
Amendment No. 1 Agreement No. 01-112
with Versaterm, Inc. regarding replacing
Tiburon CAD Interface software with
Versadex Document Imaging software.
Amendments to on call Civil Engineering
Services Agreements: (All Wards)
Amendment No. 3 ($150,000; for a
total contract amount of $500,000) to
Design Consultant Agreement No.
00-185(2) with Porter-Robertson
Engineering and Surveying, Inc. for
additional On Call Civil Engineering
Services.
ACTION TAKEN
AGR 02-295
AGR 02-296
AGR 02-297
AGR 02-298
CON 02-299
AGR 01-112(1)
A G R 00-'185(3)
301
Bakersfield, California, October 16, 2002 - Page 7
CONSENT CALENDAR continued
Item 8.r. continued
Amendment No. 3 ($150,000; for a
total contract amount of $500,000) to
Design Consultant Agreement No.
00-186(2) with Ruettgers & Schuler
Civil Engineers for additional On Call
Engineering Services.
Amendment No. 2 ($150,000; for a
total contract amount of
$350,000) to Design Consultant
Agreement No. 01-209(1) with
Mclntosh & Associates for additional
On Call Civil Engineering Services.
Amendment No. 2 ($150,000; for a
total contract amount of $350,000) to
Design Consultant Agreement No.
01-210(1) with Quad Knopf, Inc., for
additional On Call Civil Engineering
Services.
Bids:
Accept bid from Compliance Training
Services, $30,012.41, for an Air/Chemical
Monitoring System for Fire Depadment.
Accept bid to award annual contract to Loop
Electric, not to exceed $142,000, for vehicle
loop cutting services at various intersections
within the City.
Accept bid to award contract to A-C Electric
Company for $67,540 for the Traffic Signal
and Lighting Installation on Stine Rd. at
Beechwood Street. (Ward 6)
Accept bid of $591,528 and award contract
to C.W. Neal Corporation for "Northeast
Bakersfield Water Supply Reservoir Phase
2-Liner Installation" for the Water Resources
Department. (Ward 3)
ACTION TAKEN
AGR 00-186(3)
AGR 01-209(2)
AGR 01-210(2)
CON 02-300
ABS MAGGARD
CON 02-301
ABS MAGGARD
CON 02-302
302
Bakersfield, California, October 16, 2002 - Page 8
ACTION TAKEN
CONSENT CALENDAR continued
Wastewater Treatment Plant 3, Groundwater
Monitoring Wells: (Ward 6)
Accept bid to award contract to
Bradley and Sons for $164,305 for
the drilling and installation of
groundwater monitoring wells at
Wastewater Treatment Plant 3.
CON 02-303
Award Design Consultant Contract
with Kenneth D. Schmidt and
Associates for monitoring well
construction oversight (not to exceed
$49,620).
CON 02-304
Appropriate $250,000 from the Sewer
Enterprise Fund balance to the
Capital Improvement Budget.
Miscellaneous:
Approval of Community Development Block
Grant (CDBG) Action Plans, Amendment No.
16 (FY 96/97), Amendment No 11. (FY
98/99), Amendment No. 6. (FY 00/01,
Amendment No. 5 (FY 01/02), and
Amendment No. 1 (FY 02/03). (Ward 1,2)
REMOVED FOR
SEPARATE
CONSIDERATION
Agreement with Granite Construction
Company for the Realignment of Comanche
Drive at SR 178 and installation of a traffic
signal.
AGR 02-307
Maggard announced conflict of interest on Consent
Calendar items 8.t. and 8.u. due to potential source
of income.
Motion by Salvaggio to adopt Consent Calendar
Items a. through y., with separate consideration
of items j. and x.
Resolution setting the dates of Regular City
Council Meetings, Budget Hearings, and
Department Presentations for January
through December 2003.
APPROVED
RES 174-02
Bakersfield, California, October 16, 2002 - Page 9
303
CONSENT CALENDAR continued
Motion by Couch to move regularly scheduled
meetings in 2003 from August 20, to August 27,
and September 3, to September
Approval of Community Development Block
Grant (CDBG) Action Plans, Amendment No.
16 (FY 96/97), Amendment No 11. (FY
98/99), Amendment No. 6. (FY 00/01,
Amendment No. 5 (FY 01/02), and
Amendment No. 1 (FY 02/03). (Ward 1,2)
Salvaggio requested staff expedite the Planz
Park playground improvements.
Motion by Benham to adopt item x.
HEARINGS
Hearing to consider Government Code
30061 (Citizens Options for Safety)
regarding $512,269, Supplemental Law
Enforcement Services Funding (SLESF) for
Mobile Data Computers and Radio
Consoles.
Hearing opened at 7:36 p.m.
No one spoke at the hearing.
Hearing closed at 7:37 p.m.
Motion by Salvaggio to approve Supplemental
Law Enforcement Services Funding for Mobile
Data Computers and Radio Consoles.
Text Amendment to the RiverLakes
Ranch Specific Plan: GPA 02-0620
vehicular access to Northshore Drive
and Southshore Drive for property
designated HMR/R-2 between Olive Drive
and Hageman Road. (Ward 4)
Resolution adopting the Negative
Declaration and partially approving
the text amendment to the
RiverLakes Ranch Specific Plan to
allow vehicular access to Coffee
Road for property designated
HMR/R-2 between Olive Drive and
ACTION TAKEN
APPROVED
APPROVED
A PPR 0 VED
RES 177-02
304
Bakersfield, California, October t6, 2002 - Page 10
HEARINGS continued
Hageman Road, as proposed in
Exhibit "1", and denying the
requested severance of vehicular
access to Northshore Drive and
Southshore Drive for property
designated HMR/R-2 between Olive
Drive and Hageman Road.
Correspondence was received from Terie Lynne
and Robert E. Storar opposing additional vehicular
access to Coffee Road.
Hearing opened at 7:38 p.m.
Comments by Development Services Director Jack
Hardisty.
Kathy Burgoni spoke in opposition to the staff
recommendation.
David Stanton, on behalf of the Riverlakes Master
Association, Mike Callagy, and Cheryl Santos in
support of the staff recommendation provided
access is barred from the two areas to Northshore
Drive and Southshore Drive.
Jeff Williams in support of the staff recommendation.
Hearing closed at 7:57 p.m.
Motion by Couch to adopt the resolution.
ACTION TAKEN
APPROVED
c. Resolution adopting the Street Cut
Workmanship and Performance Warranty
Fee. (3 year phase in period) (All Wards)
Public Works Director Rojas made comments.
Hearing opened at 8:03 p.m.
No one spoke at the hearing.
Hearing closed at 8:03 p.m.
Motion by Salvaggio to adopt the resolution.
RES 178-02
APPROVED
Bakersfield, California, October 16, 2002- Page 11 3 0 5
10.
11.
HEARINGS continued
Amendment to the Circulation Element of the
Metropolitan Bakersfield 2010 General Plan
amending the designation of Brundage Lane
between Oak Street and Edison Highway
from "arterial" to "collector".
Resolution approving the Negative
Declaration, disapproving the
recommendation to amend the Circulation
Element.
Comments by Development Services Director
Hardisty and Public Works Director Rojas.
Hearing opened at 8:07 p.m.
No one spoke at the hearing.
Hearing closed at 8:07 p.m.
Motion by Carson to adopt resolution.
REPORTS
None.
DEFERRED BUSINESS
a. Aquatic Facility - Sizing of the Pool
Appropriation of the $531,000 from
land sales into the project, as well as
the supplemental appropriations and
financial decisions incorporated in
Exhibit A to this report;
Direction to close two of our older
pools at the time of the opening of
the new one. The decision as to
which ones to be considered in
Committee, with a recommendation
going forward for a future Council
decision;
ACTION TAKEN
RES ~7~-02
A PPR 0 VED
306
11.
Bakersfield, California, October 16, 2002 - Page 12
DEFERRED BUSINESS continued
ACTION TAKEN
Deletion of $220,000 in equipment
from the project budget because a
community group will raise those
funds. A list of the equipment to be
donated, along with their commitment
letter to the fundraiser, is attached as
Exhibit B;
Acceptance of an offer, later to
become a contract, with the Kern
County High School District in the
amount of $500,000 in capital
contribution, plus billing at $40 per
hour, plus cost of living adjustments
for maintenance. A draft of a
proposed agreement is attached as
Exhibit C; and
Expansion of the project pad to add
16,100 square feet - ½ to be used for
landscaping and ½ for the deck area.
This is to expand the pool outward to
the north, south, east and west.
There are no street closures.
Report by City Manager Tandy.
Motion by Benham to approve the staff
recommendation to build an Olympic sized pool
with the five conditions recommended by staff
included.
NAT
Salvaggio requested the committee not
recommend the closure of the pool at Planz Park
as one of the two suggested pool closures.
Benham amended the motion to approve item
one of staff's recommendation.
Motion by Benham to approve staff
recommendations two through five.
APPROVED
ABS SAL VAGGIO
COUCH
APPROVED
Bakersfield, California, October 16, 2002 - Page 13 8 ~) ~
12.
13.
NEW BUSINESS
ACTION TAKEN
a. City Physician Agreements:
Agreement with Bakersfield
Occupational Medical Center
(BOMC)
Agreement with Southwest Urgent
Care
AGR 02-305
AGR 02-306
Agreement with Central Valley
Occupational Medical Group, Inc.
(CVO)
AGR 02-308
Hanson announced conflict of interest on New
Business item 12.a. due to source of income to
employer.
Motion by Salvaggio to approve item 12. a.
Salvaggio requested staff prepare a letter of
appreciation to Dr. Christensen for his years of
service to the City.
APPROVED
AB HANSON
COUNCIL & MAYOR STATEMENTS
Maggard requested Public Works Director Rojas
and Development Services Director Hardisty see
him after the meeting regarding alley issues.
Maggard requested an update on the condition of
BPD Officer Randy Moe who was injured in a traffic
accident on Monday. Chief Matlock responded that
Officer Moe's condition had been upgraded to
serious. Maggard requested Chief Matlock convey
to Officer Moe's family the City's support.
Maggard relayed that Duke Martin, a
Councilmember in Ridgecrest, introduced him to
Frank Mann with the Kinnetics Company, who
conducted an energy usage review process
through which recommendations were
implemented resulting in millions of dollars in
savings to Ridgecrest in utility bills. Staff was
provided with information and requested to
investigate hiring a firm to review energy
consumption by the City.
308
13.
Bakersfield, California, October 16, 2002 - Page 14
COUNCIL & MAYOR STATEMENTS continued
ACTION TAKEN
Maggard requested information regarding the
opening of Joshua's Park. Recreation and Parks
Director Ford responded that the time and date will
be Saturday, November 2 at 2:00 p.m.
Benham requested staff contact CalTrans
regarding the Hwy. 99 north off-ramp at
California Ave. and the orientation of the center
lane; that it be made a straight-ahead or right
turn lane.
Benham provided staff correspondence from
Todd Ablin and requested the issue of an alley
problem involving California Water in the
Riviera/Westchester area be addressed.
Benham requested that as design and
programming plans for the pool project
progress, staff keep the experts who were
present at this evening's meeting informed and
their input considered; Mr. Bynum will be the
contact person.
Benham directed staff to identify sites in the
downtown area for a town square and present
an implementation program for Council
consideration.
Carson requested staff investigate Airpark use
as a public safety joint training facility for police
and fire services.
Carson requested staff set up a revolving fund
for money recouped from travel training by
police officers instead of the monies going to
the General Fund.
Carson stated that a portion of Hwy. 58 will be
dedicated on October 18 to Rosa Parks; dedication
will take place at St. Peter's Church, 710 Brundage
Lane, at 1:30 p.m.
Carson requested staff remain aware of storm
drain problems in the Planz area; come back
with an alternative plan; and make sure money
is available to address the issues.
13.
Bakersfield, California, October 16, 2002 - Page 15
COUNCIL & MAYOR STATEMENTS continued
ACTION TAKEN
Carson requested staff check status on escrow
of 4~Street property for the Senior Housing
Project.
Carson stated she has toured the new Food-4-Less
and that it is a beautiful facility; and hopes that the
new owners will honor the past commitments for
employment; and thanked the Council for support
for the project.
Sullivan stated she is pleased with the new median
on White Lane west of Hwy. 99.
Sullivan requested staff contact the principal at
Sandrini School regarding traffic issues in front
of the school and work in conjunction with him
to resolve the problems.
Sullivan requested staff investigate the feasibility of
installing handrails in the Convention Center and
Centennial Garden. City Manager Tandy responded
that the project is in process and will be completed
by the end of the year.
Hanson submitted correspondence from John
Kennedy and requested staff investigate and
respond regarding loose dogs and dog attacks
in the area of Demming Ct.
Hanson requested an update on the Vision 2020
letter he received.
Hanson provided Chief Fraze with information
regarding belt pack operators.
Couch discussed the October 8, 2002
annexation election; welcomed the citizens of
the newly annexed area to the City; and
requested staff prepare an informational letter to
citizens regarding services and in any changes
that are being made.
Couch to provide referrals to staff.
310
Bakersfield, California, October 16, 2002 - Page 16
'13. COUNCIL & MAYOR STATEMENTS continued
Salvaggio discussed the proposed water banking
project and the export of Kern River water to Los
Angeles and thanked the Council and Water Board
Members Couch and Hanson for their continued
opposition to the EIR for the project.
Mayor Hall stated Hall Ambulance had coordinated
a disaster planning exercise involving a train and
thanked the City police and fire departments, as well
as the Kern County Fire Department for the success
of the exercise.
Mayor Hall thanked the City staff Jan Fulton,
Charles Webb, David Lyman, Pam McCarthy,
Rhonda Smiley, Sally Ihmels, and Natalie Welty for
staffing the Mayor's tent at the Business
Conference.
14. ADJOURNMENT
Mayor Hall adjourned the meeting at 10:03 a.m.
_. il~il~hi
M,~YOR of'the City of Bakersfiel~CA
CITY CLERK and Ex Offici~/(~lerk of
the Council of the City of Bakersfield
ACTION TAKEN