HomeMy WebLinkAbout01/15/03 MINUTES CCMINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JANUARY 15, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
PREMEETING
ACTION TAKEN
1. ROLLCALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan (seated
at 5:32), Salvaggio
Absent: None
2. WORKSHOP
a. impact of Governor's Budget Proposal on the City.
City Manager Tandy gave a computer presentation and
provided written material regarding the implications of the
Governor's proposed budget cuts on the City of
Bakersfield.
Motion by Couch to recess to Closed Session at 6:11 p.m.
APPROVED
3. CLOSED SESSION
Conference with Legal Counsel - Anticipated Litigation;
Significant exposure to litigation pursuant to subdivision
(b)(3)(c) of Government Code section 54956.9. One (1)
potential case.
Conference with Legat Counsel - Appeal of License/Permit
Revocation; Closed Session pursuant to Government Code
section 54956.7. One appellant.
DELETED
City Attorney Thiltgen announced communication had been
received from the appellant's attorney requesting the matter
in item 3.b. be continued, therefore item 3.b. is being removed
from the agenda.
Motion by Hanson to adjourn from Closed Session at 7:~0 p,m. APPROVED
Bakersfield, California January 15, 2003 - Page 2
REGULAR MEETING
1. INVOCATION by Pastor Victor Perez of Believers in Jesus Church.
2. PLEDGE OF ALLEGIANCE by Kristen Hailing, 5th Grade Student, Juliet
Thorner Elementary School.
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham Maggard, Hanson, Sullivan,
Salvaggio
Absent: None
CLOSED SESSION ACTION
Conference with Legal Counsel - Anticipated Litigation;
Significant exposure to litigation pursuant to subdivision
(b)(3)(c) of Government Code section 54956.9. One (1)
potential case.
Conference with Legal Counsel - Appeal of License/Permit
Revocation; Closed Session pursuant to Government Code
section 54956.7. One appellant.
PRESENTATIONS
Presentation by Mayor Hall of Certificates to the Liberty High
School Patriots Girls Volleyball CIF Division II State
Champions.
Presentation by Mayor Hall of Certificates to the Garces High
School Rams Football Central Section Sequoia Division Small
Schools Champions.
PUBLIC STATEMENTS
Minister Wesley Crewford Muhammed, representing Mosque
39B, requested the Council refer the issue of the converting
City Council seats to full-time paid positions to the Legislative
and Litigation Committee.
Benham referred the matter to the Legislative and Litigation
Committee.
ACTION TAKEN
NAT
DELETED
Bakersfield, California January 15, 2003 - Page 3
PUBLIC STATEMENTS continued
Patricia Ann Abraham requested City funds to help defray
the cost of food at the Dr. Martin Luther King, Jr.
celebration and
street renaming.
Richard Brand spoke regarding remote controlled trains in
the City ~imits.
Benham referred to Legislative and Litigation Committee the
issue of remote controlled trains in the City limits.
Diz Francisco spoke regarding remote controlled trains in
the City limits.
Maggard requested staff obtain contact information from the
citizens speaking regarding the railroad issue and advise
when the Legislation and Litigation Committee meets on the
issue.
Ronald Marney spoke regarding remote controlled trains in
the City limits.
Barry Zoeller, Executive Director of the Kern County Board
of Trade, Kern County Film Commissioner, and Director of
the Kern Film Festival, spoke regarding the Kern Film
Festival.
APPOINTMENTS
One appointment to the Golden Empire Transit District
Board due to the expiration of term of David James, term
expired January 6, 2003.
Ward I Norris
Ward 2 Finberg
Ward 3 Finberg
Ward 4 Finberg
Ward 5 Norris
Ward 6 Norris
Ward 7 Finberg
Motion by Couch to appoint Christopher Finberg to the
Golden Empire Transit District Board for a four year term
expiring January 6, 2007.
ACTION TAKEN
APPROVED
Bakersfield, California January 15, 2003 - Page 4
APPOINTMENTS continued
One appointment to the Bakersfield Redevelopment Agency
due to the resignations of Gil Anthony and Manuel S. Arriola.
Mayor Hall requested Council confirm his appointment of Fred
Prince, Jr. to the Bakersfield Redevelopment Agency.
Motion by Couch to confirm the appointment of Fred Prince, Jr.
to fill the vacancy on the Bakersfield Redevelopment Agency
made by the resignation of Manuel S. Arriola, term to expire
April 22, 2003.
Appointments to the City Council Committees and other
Special Committees and Boards by Vice-Mayor Couch.
BUDGET & FINANCE
Mike Maggard - Chairperson
Harold Hanson
Mark Salvaggio
COMMUNITY SERVICES
Jacquie Sullivan - Chairperson
Sue Benham
Irma Carson
INTERGOVERNMENTAL RELATIONS
Irma Carson - Chairperson
Mike Maggard
Jacquie Sullivan
LEGISLATIVE AND LITIGATION
Sue Benham - Chairperson
David Couch
Jacquie Sullivan
PERSONNEL
Harold Hanson - Chairperson
Irma Carson
Mark Salvaggio
URBAN DEVELOPMENT
David Couch - Chairperson
Sue Benham
Mike Benham
ACTION TAKEN
APPROVED
Bakersfield, California January 15, 2003 - Page 5
APPOINTMENTS continued
WATER RESOURCES/BOARD
Mark Salvaggio - Chairperson
David Couch
Harold Hanson
KERN COUNCIL OF GOVERNMENTS
David Couch - Representative
Mark Salvaggio - Alternate
PLANNING COMMISSION LIAISON
David Couch
SOLID WASTE MANAGEMENT ADVISORY COMMITTEE
Mike Maggard - Representative
Harold Hanson - Alternate
KERN ECONOMIC DEVELOPMENT CORPORATION
Mayor Harvey L. Hall - Member
Harold Hanson - Alternate
AD HOC - CRIME, WEAPONS, GANG VIOLENCE AND
COMMUNITY RELATIONS
Irma Carson - Chairperson
Mike Maggard
Jacquie Sullivan
KERN COUNTY MUSEUM AUTHORITY
Mayor Harvey L. Hall - Representative
Motion by Couch to approve nominations to committees.
Couch requested staff assess the issue of combining the roles
of Planning Commission Liaison with that of Chair of the Urban
Development Committee.
ACTION TAKEN
A PPR 0 VED
CONSENT CALENDAR
Minutes:
a. Approval of December 11, 2002 Council Meeting Minutes.
6
Bakersfield, California January 15, 2003 - Page 6
CONSENT CALENDAR continued
Payments:
Approval of department payments for November 22, 2002 to
January 2, 2003 in the amount of $20,696,943.47 and self
insurance payments from November 22, 2002 to January 2,
2003 in the amount of $390,034.91.
Ordinances:
First reading of an Ordinance amending Section 2.24.020 of
the Bakersfield Municipal Code relating to Redevelopment
Agency Membership.
First Reading of an Ordinance amending Chapter 15.64 of the
Bakersfield Municipal Code relating to the California Fire
Code.
Adoption of an Ordinance amending Title 17, concerning
regulations for the development and construction of multiple
family housing projects such as apartments, duplexes,
triplexes and fourplexes in the R-2, R-3, and R-4 (Multiple
Family Residential) zone districts. (First reading 12/11/02)
Resolutions:
Resolution of Intention No. 1288 calling a public hearing to
determine whether public necessity, health, safety or welfare
requires formation of an underground utility district within a
designated area, District No. 2, Division 30 (Rosedale,
Gibson). (Ward 2)
Resolution of Intention No. 1286 to add Territory, Area 4.25
(Wall Street) to the Consolidated Maintenance District,
Preliminarily adopting, confirming and approving Public Works
Director's Report. (Ward 2)
Resolution of Intention No. 1269 to add territory, Area 1-30
(Jewetta, Reddick) to the Consolidated Maintenance District
and preliminarily adopting, confirming and approving Public
Works Director's Report. (Ward 4)
Resolution adding territory, Area 3-19 (Wible, McKee NE) 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 7)
ACTION TAKEN
FR
FR
ORD 4104
R011288
R011286
R011269
RES 001-03
Bakersfield, California January 15, 2003 - Page 7
CONSENT CALENDAR continued
Resolution confirming assessment for sewer connection fee
and authorizing the collection of assessment by the Kern
County Tax Collector. (Ward 1)
Agreement with property owner to pay sewer
connection fee in installments and notice of special
assessment lien.
Resolution determining that chemical response
pharmaceutical supplies cannot be reasonably obtained
through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore and
purchase supplies from Supply Service Center, not to exceed
$80,000.
Sustainable Communities Grant for Old Town Kern:
(Ward 2)
Resolution authorizing the City of Bakersfield's
participation in the California Pollution Control
Financing Authority's Sustainable Communities Grant
and Loan Program.
Appropriate $143,600 Sustainable Communities Grant
funds to the Economic and Community Development
Department, Operating Budget within the General
Fund.
Development Plan Review - 2210 Ming Avenue (Project No.
02-0922); conversion of property from residential use to
general office use on a .74_+ acre Commercial Development)
zone district. (Ward 7)
Agreements:
Tract Maps/Improvement Agreements:
(Ward 7)
Final Map and Improvement Agreement with Almond
Tree Village for Tract 6092 Phase 3, located south of
Berkshire Road and west of Union Avenue.
Finat Map and Improvement Agreement with Almond
Tree Village for Tract 6092 Phase 4 located south of
Berkshire Road and west of Union Avenue.
ACTION TAKEN
RES 002-03
AGR 03-001
RES 003-03
RES 004-03
RES 005-03
AGR 03-002
AGR 03-003
Bakersfield, California January 15, 2003 o Page 8
CONSENT CALENDAR continued
Approve Contribution Agreement with Department of
Transportation to accept reimbursement ($40,000) for
requested improvements within City Bridge Widening and
Ramp Improvements Project of White Lane over State Route
99. (Ward 7)
Amendment No. 2 to Agreement No. 95-295 with Ernest M.
Solano, Ph.D. to perform as Psychologist for the City.
Agreement with Kern High School District for use of Aquatics
Center Pool for $500,000. (Ward 2)
Transportation Impact Fee Agreement with Elmer F. Karpe,
Inc. for Tract 6057 (Estimated Impact Fee Credit - $33,003),
located on Brimhall Road, east of Jewetta Ave. (Ward 4)
Amendment No. 4 to Agreement No. 98-222 with HTE, Inc.
for Service Support of Licensed Software in the amount of
$135,871.81.
Agreement with Guthrie's Alley Cat, downtown business
owner, to unlock/lock gates at Wall Street Alley. (Ward 2)
Amendment No. 1 Agreement No. 01-018 with United States
Escrow Community Services Group.
1. Assignment of all rights and obligations to
Amerinational Community Services, Inc.
Amendments to Southeast Infill Housing Program Master
Agreements; to provide for larger, affordable floor plans and
increased flexibility in utilizing $10,000 CDBG Grant funds,
per property per contractor. (Ward 1)
Amendment No. 1 to Agreement 01-272 with T&T
Construction.
Amendment No. 1 to Agreement 01-273 with D.O.D.
Construction.
Amendment No. 1 to Agreement 01-274 with Williams
Development.
ACTION TAKEN
AGR 03-004
AGR 95-295(2)
AGR 03-005
AGR 03-006
AGR 98-222(4)
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 01-018(1)
AGR 0'1-272('1)
AGR 01-273(1)
AGR 01-274(1)
Bakersfield, California January 15, 2003 - Page 9
CONSENT CALENDAR continued
Median Landscaping Improvements:
(Ward 4)
Reimbursement Agreement with Bakersfield Christian
High School Foundation (not to exceed $61,750) for
City's proportionate share of cost to install landscaped
medians on Stockdale Highway and a traffic signal at
Old Farm Road/Jewetta Ave.
Transfer $61,750 of appropriations from the Capital
Improvement Budget within the Gas Tax Fund to fund
this reimbursement agreement.
Mt. Vernon Sewer Improvement:
(Ward 1)
Contract Change Order No. to Agreement No. 02-181
with Nicholas Construction in the amount of
$51,321.58 (for a total contract amount of
$167,228.58) for the Mount Vernon Sewer
Improvement Project.
Appropriate $452,00 additional traffic impact fee
revenue to the Capital Improvement Program budget
within the Transportation Development Fund.
Bids:
Calloway Canal at Olive Drive:
(Ward 4)
Accept bid to award contract to Vadnais Corporation
($451,090) for the construction of a new box culvert
for the Calloway Canal at Olive Drive.
Appropriate $452,000 additional traffic impact fee
revenue to the Capital Improvement Program Budget
within9 the Transportation Development Fund.
Accept bids from N.L. Curtis & Sons $24,386.78 FS3
$5,621.40, and AIIstar Fire Equipment Company $3,676.03
for equipment for Fire Truck #15, total $33,784.21.
ACTION TAKEN
AGR 03-008
cco 02.1al(l)
AGR 03-009
aa. Reject bid for Panasonic Toughbooks and Miscellaneous
Equipment for the Building Department.
Bakersfield, California January 15, 2003 - Page 10
CONSENT CALENDAR continued
bb.
Rescind award to Coalinga Motors, Inc., $111,749.14 for
Seven (7) mid-size sedans and accept bid from Jim Burke
Ford, $124,526.51, to provide the vehicles.
CC.
Accept bids from Jim Burke Ford $344,626.95 and Coalinga
Motors $89.638.50* for nineteen (19) pickup trucks and one
(1) utility vehicle for Recreation and Parks (6 additional, 2
replacement), Fire (1 additional, 2 replacement), General
Services (2 additional), Development Services (2
replacement), General Services (2 additional), Development
Services (2 replacement), Finance (1 additional), Solid Waste
(1 additional), Telecommunications (1 replacement),
Community Development (1 replacement) and Police (1
additional). Total $434,264.46.
dd.
Accept bid to award contract to Gilliam & Sons, Inc. ($40,264)
for Demolition of Improvements at 515 Truxtun Avenue. (Ward
2)
Miscellaneous:
ee. Conversion of Temporary Employees to Full Time.
Mclntosh & Associates is requesting an amendment to the
Circulation Element of the Metropolitan Bakersfield 2010
General Plan deleting that segment of Masterson Street
between Lake Ming Road and Bella Drive in northeast
Bakersfield from the Circulation Element as a planned arterial.
Appeal by the City of Bakersfield Public Works Department.
(Ward 3) (Staff recommends continuing this matter to
January 29, 2003.)
ACTION TAKEN
DELETED
DELETED
AGR 03-0~0
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California January 15, 2003 - Page 11
CONSENT CALENDAR continued
gg. Audit Reports:
Comprehensive Annual Financial Report (CAFR) for
the fiscal year ended June 30, 2002.
Independent Auditors Report - Single Audit Report -
Schedule of Federal Expenditures for the City of
Bakersfield for the fiscal year ended June 30, 2002.
Independent Auditors Report - Compliance with
Contractual Requirements relative to the Bakersfield
Subregional Wastewater Management Plan for the
year ended June 30, 2002.
Independent Auditors Report on Appropriations Limit
Worksheet (GANN Limit of the City of Bakersfield for
the fiscal year ended June 30, 2002. (Staff
recommends referral to Budget and Finance
Committee.)
hh.
Emergency Resolution to Dispense with Bidding:
(Ward 2)
A Resolution dispensing with bidding procedures due
to emergency repairs of sewer line located in the alley
between Beech and Myrtle Streets and extending from
Palm Street to Dracena Street and authorizing Granite
Construction to perform repairs not to exceed
$100,000.
Appropriate $100,000 fund balance to the Streets
Division operating budget within the Sewer Enterprise
Fund.
Motion by Couch to adopt Consent Calendar items a. through
hh. with the deletion of items bb. and cc. and the removal of
items t. and ee. for separate consideration.
Agreement with Guthrie's Alley Cat, downtown business
owner, to unlock/lock gates at Wall Street Alley. (Ward 2)
Motion by Maggard to adopt item 8. t.
ACTION TAKEN
RES 006-03
A PPR 0 VED
AGR 03-007
APPROVED
Bakersfield, California January 15, 2003 - Page 12
CONSENT CALENDAR continued
ee. Conversion of Temporary Employees to Ful~ Time.
Motion by Hanson to defer the item to the next meeting.
Amended motion by Hanson to adopt item 8. ee.
Mayor Hall recognized Boy Scout Troop 75 and thanked Scout
Leader Andrew Smith for bringing the boys to the meeting.
Recess taken from 8:15 to 8:20.
HEARINGS
An appeal by Ken Porter and Len Turner of the Board of
Zoning Adjustment's denial of a conditional use permit (CUP
No. 02-0968) to allow a State licensed residential care facility
for 14 juveniles, including a maximum of 8 staff members on
site at any given time, in an existing single family dwelling an
R-3 (Limited Multiple Family) zone district, and a parking
modification to allow a reduction in off street parking from 22
spaces (required to 9 spaces (proposed) located at 2510
Wilson Road. (Ward 7)
Staff comments by Development Services Director Hardisty.
Petitions containing approximately 295 signatures were
received on January 7, 2003 in opposition to the issue. Forty
eight letters were received opposing the issue.
Correspondence was received from the appellants Len Turner
and Ken Porter requesting a 20 day continuation as they were
unable to attend the hearing.
Hearing opened at 8:25 p.m.
No one spoke in opposition to the staff recommendation.
Bill Packer, Cheryl McCaw, Matthew Hill, Glenda Torres and
Patricia Holeman spoke in support of the staff
recommendation.
Hearing closed at 8:34 p.m.
Motion by Salvaggio to adopt the Resolution upholding the
decision of the Board of Zoning Adjustment and to deny the
appeal.
ACTION TAKEN
NAT
APPROVED
RES 007-03
APPROVED
Bakersfield, California January 15, 2003 o Page 13
HEARINGS continued
Salvaggio stated for the record he had received additional letters
in opposition to the appeal from Angela Mireles, Jennifer Carlos,
Tony and Rose Espinoza and Paul G. Wagner.
An appeal by Stephanie Lawson of the Board of Zoning
Adjustment's denial of a zoning modification (MOD No. 02-
0870) to allow the retention and enlargement of a tree house
at 0 (zero) feet in the street side yard where a 10 foot setback
is required and at 15 feet in the front yard where a 25 foot
setback is required in a R-1 (One Family Dwelling) zone
located at 1720 Doolittle Avenue. (Ward 7)
Staff comments by Development Services Director Hardisty.
Petitions containing approximately 50 signatures were
received December 11, 2003 in support of the tree house
appeal. Seven letters were received in support of the issue.
Hearing opened at 8:59 p.m.
Matthew Hill spoke in opposition to the staff recommendation.
No one spoke in support of the staff recommendation.
Hearing closed at 9:09 p.m.
Motion by Salvaggio to adopt the Resolution upholding the
decision of the Board of Zoning Adjustment's decision and deny
the appeal.
Protest hearing as required by Resolution of Intention No.
1284 proposing to add territory, Area 4-24 (Baker Street) to
the Consolidated Maintenance District.
Resolution adding territory, Area 4-24 (Baker Street),
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
2)
ACTION TAKEN
RES 008-03
APPROVED
RES 009-03
Hearing opened at 9:27 p.m.
10.
11.
12.
13.
Bakersfield, California January 15, 2003 - Page 14
HEARINGS continued
No one spoke.
Hearing closed at 9:27 p.m.
Motion by Benham to adopt the Resolution.
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
a. Disposition of 113 Acres on Mt. Vernon Avenue.
Staff comments by City Manager Tandy.
Couch referred issue to Closed Session at next Council meeting.
MAYOR AND COUNCIL STATEMENTS
Couch thanked the City Clerk for working the Council meeting in spite
of illness and asked the Council to be brief in their statements.
Maggard asked staff to contact him regarding a traffic control at
the corner of Christmas Tree Lane and Columbus St., site of
recent fatal accident at the intersection; staff is asked to assess
the intersection and make recommendations regarding
appropriate traffic control measures.
Maggard requested staff contact each of the Councilmembers
regarding any difficulties they may have experienced with the sound
system at tonight's meeting.
Maggard thanked staff for handling the situation with Deja Vu's
placing newspaper dispensers at various locations throughout the
City without permits.
Maggard referred the issue of group homes to the Urban
Development Committee, including those with six residents or
less.
ACTION TAKEN
APPROVED
',5
13.
Bakersfield, California January 15, 2003 - Page 15
MAYOR AND COUNCIL STATEMENTS continued
Maggard requested Finance Director Klimko and City Attorney
Thiltgen meet with him to discuss City business licenses.
Carson referred the issue of a cross-walk at Third St. and
Chester Ave. to staff for additional review of feasibility.
Carson thank the Recreation and Parks Department and City staff for
support of the Dr. Martin Luther King, Jr. Day celebration on
Saturday, January 18th, and the street sign unveiling at ten a.m.
changing the name of Lakeview Avenue to Dr. Martin Luther King, Jr.
Blvd. Carson noted that Corretta King, Dr. King's widow, has
requested that the day be honored as a day of service. Carson
thanked the Council and community and invited all to participate in
several events honoring Dr. King's birthday.
Salvaggio requested Public Works evaluate the intersection at
Lacy and Elmhurst to see if a three-way stop is warranted.
Salvaggio requested the City Clerk's Office mail a copy of the
Public Works Director's memo regarding acquired streets from
homeowners associations to Mr. Jack D. Mayfield, indicating the
correspondence is from Salvaggio.
Salvaggio requested an update on the status ora three-way stop
at Faith and Doefield and the results of the traffic analysis at that
intersection.
Salvaggio requested Public Works Director Rojas investigate
performing surface repairs of the railroad crossing at Hughes
Ln., south of White Ln., north of Pacheco Rd.
Salvaggio requested the Police Department investigate a citizen
complaint regarding the purported impounding of legally
registered weapons.
Benham requested Recreation and Parks staff respond to an
email from a citizen concerning places to ride bikes.
Benham requested a report from the traffic engineer regarding
the status of requests for a stop sign at 20~ and B Streets.
Benham thanked the City Clerk for serving at the meeting.
ACTION TAKEN
13.
14.
Bakersfield, California January 15, 2003 - Page 16
MAYOR AND COUNCIL STATEMENTS continued
Sullivan wished everyone a Happy New Year.
Sullivan expressed confidence in staff and staff's ability to handle the
fiscal difficulties facing the City.
Couch requested staff find out if the State budget crisis will
affect the ability of the Kern High School District to meet its
obligation concerning the Aquatics Center.
Couch requested a new goal setting session for the Council.
Couch thanked the City Manager for the memo of December 12th.
Couch requested staff investigate ways to discourage graffiti on
the bike path, possibly a 'Neighborhood Watch' type program.
Couch referred to Legislative and Litigation Committee the issue
of downtown street closures for parades and special events.
Couch provided additional referrals to staff.
Couch thanked the City Clerk for handling the Council meeting in
spite of illness.
Mayor Hall relayed that he had a call from Dr. Fuller, Superintendent
of the Bakersfield City School District, commending the Police
Department on handling the situation at Washington Middle School
and few weeks ago.
ADJOURNMENT
Mayer Hall adjourned the meeting at 9:43 p.m.
~AYOR of-the O'ity~d~ Ba~er~C'[eld;-C'A
ATTEST:
and Ex Officio CI~,...~ of the
CITY
CLERK
City of Bakersfield, California
ACTION TAKEN