HomeMy WebLinkAbout01/29/03 MINUTES CCMINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JANUARY 29, 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 (seated at 5:16), Hanson,
Sullivan (seated at 5:25), Salvaggio (seated at 5:30)
Absent: None
2. WORKSHOP
a. None
Motion by Couch to recess to Closed Session at 5:16 p.m.
APPROVED
3. CLOSED SESSION
Conference with Legal Counsel - Appeal of License/Permit
Revocation Closed session pursuant to Government Code
section 54956.7. One appellant.
Conference with Real Property Negotiators pursuant to
Government Code section 54956.8. Property: 113 acres off
Mt. Vernon Avenue, in Bakersfield, California (APN 173-200-
09) Agency Negotiators: Finance Director Gregory Klimko and
Real Property manager Donald Anderson; Under Negotiation:
Instructions concerning price and terms.
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 - Potential Litigation; Initiation
of litigation pursuant to subdivision (c) of Government Code
section 54956.9. One (1) potential case.
Motion by Salvaggio to adjourn from Closed Session at 7:07
p.m.
A PPRO VED
Bakersfield, California January 29, 2003 - Page 2
REGULAR MEETING
1. INVOCATION by Priest Balraj Singh of the Sikh Temple.
PLEDGE OF ALLEGIANCE by Gabriella Grotto, 1s~ Grade Student,
Downtown Elementary School.
3. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent: None
4. CLOSED SESSION ACTION
Conference with Legal Counsel - Appeal of License/Permit
Revocation Closed session pursuant to Government Code
section 54956.7. One appellant.
Conference with Real Property Negotiators pursuant to
Government Code section 54956.8. Property: 113 acres off
Mt. Vernon Avenue, in Bakersfield, California (APN 173-200-
09) Agency Negotiators: Finance Director Gregory Klimko and
Real Property manager Donald Anderson; Under Negotiation:
Instructions concerning price and terms.
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- Potential Litigation; Initiation
of litigation pursuant to subdivision (c) of Government Code
section 54956.9. One (1) potential case.
5. PRESENTATIONS
a. None
Mayor Hall recognized Boy Scout Troop 16, leader James Wilson;
Boy Scout Troop 317, leaders Jim Crevick and Danny Reiswig.
Mayor Hall recognized a Ridgeview High School government class.
ACTION TAKEN
NAT
NAT
NAT
NAT
19
Bakersfield, California January 29, 2003 - Page 3
PUBLIC STATEMENTS
Scott Hair, Green Frog Market, spoke on the economic
impact of super-centers.
Benham requested staff throughly explore the feasibility in
terms of cost and time, of an economic impact study relating
to multiple super-centers; their impact on the community; and
report to Council at the next meeting. Additionally staff is to
communicate with Mr. Hair regarding the information on the
subject he has already obtained.
b. Scott Rice spoke regarding roads.
Maggard requested staff consult Mr. Rice to ensure his issue
is addressed.
Carson stated the area of concern is in her Ward and she is
aware of the situation; she has requested traffic review the
area at Chester Lane and Real Road and Real Road at Garnsey
Lane.
Larry Fredeen spoke regarding remote controlled
locomotives and public safety.
Benham requested staff contact Mr. Fredeen to determine
what particular locations are of concern; staff to contact the
railroad and request fencing be installed at the sites.
APPOINTMENTS
One appointment to the Bakersfield Redevelopment
Agency due to the resignation of Gil Anthony.
Mayor Hall requested Council confirm his appointment of Robert
Martinez to the Bakersfield Redevelopment Agency.
Motion by Couch to confirm the appointment of Robert
Martinez to fill the vacancy on the Bakersfield Redevelopment
Agency made by the resignation of Gil Anthony, term to
expire April 22, 2005.
CONSENT CALENDAR
Minutes:
a. Approval of January 15, 2003 Council Meeting Minutes.
ACTION TAKEN
APPROVED
(Ward 1,4,6,7)
(Ward 7)
(Ward 3)
(Ward 7')
Bakersfield, California January 29, 2003 - Page 4
CONSENT CALENDAR
Payments:
Approval of department payments from January 3, 2003 to
January 16,2003 in the amount of $7,409,987.50 and self
insurance payments from January 3, 2003 to January 16,
2003 in the amount of $270,297.55
Ordinances:
Adoption of an Ordinance amending Section 2.24.020 of the
Bakersfield Municipal Code Relating to Redevelopment
Agency Membership. (First Reading 1/15/03)
First reading of an ordinance amending Bakersfield Municipal
Code Section §1.12.010, §1.12.040, §1.12.060 and
§1.12.070 by adding Annexation No. 434 to Ward 4 and
portions of Annexation No. 435 to both Ward 1 and Ward 7
and a portion of Annexation No. 436 to Ward 6.
Resolutions:
Resolution of Intention No. 1287 to add territory, Area 5-08
(Panama Colony North) to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1289 to order the vacation of
Camino Grande Drive to prohibit public access along the
north side of the Cogeneration Plant.
Resolution confirming assessment for sewer connection fee
and authorizing the collection of assessment by the Kern
County Tax Collector.
Agreement with property owner to pay sewer
connection fee in installments and notice of special
assessment lien.
Resolution determining that Novell software licenses and
maintenance cannot be reasonably obtained through the
usual bidding procedures and authorizing the Finance
Director to dispense with bidding therefore, and purchase
Novell Licenses from Compucom not to exceed $136,000.
ACTION TAKEN
ORD 4105
FR
ROI 1287
ROI 1289
RES 010-03
AGR 03-011
REMOVED FOR
SEPARATE
CONSIDERATION
(Ward 3,5,6)
(Ward 4)
(Ward 4)
(Ward 2)
Bakersfield, California January 29, 2003 o Page 5
CONSENT CALENDAR continued
i. New Job Specification: General Services Coordinator
Amendment No. 6 to Resolution No. 046-02 approving
Memorandum of Understanding for employees of the
Blue and White Collar Units and adopting salary
schedule and related benefits for General Services
Coordinator.
Resolution of the Council of the City of Bakersfield confirming
the approval by the Assistant City Manager 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.
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City of Bakersfield
property identified as Annexation No. 439 located along the
west side of Allen Road, north of Reina Road.
Resolution adding territory, Area 1-30 (Jewetta, Reddick) 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.
Resolution adding territory, Area 4-25 (Wall 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.
Resolution approving minor additions and clarifications to the
Housing Element Update of the Metropolitan General Plan.
Resolution urging the California Legislature to reject the
Governor's proposed shift of Local Vehicle License Fee (VLF)
Revenues and to honor the 1998 commitment to restore the
VLF.
ACTION TAKEN
RES 046-02(6)
RES 011-03
RES 012-03
RES 013-03
RES 014-03
RES 015-03
REMOVED FOR
SEPARATE
CONSIDERATION
p. Resolution establishing the Chair of Urban Development RES 017-03
Committee shall serve as the Planning Commission Liaison.
(Ward 4,7)
(Ward 4)
(Ward 1)
(Ward 3)
(Ward
(Ward 4)
Bakersfield, California January 29, 2003 - Page 6
CONSENT CALENDAR continued
Agreements:
q. Tract Maps/Improvement Agreements
Final Map and Improvement Agreement with Elmer F.
Karpe, Inc. for Tract 6089 located north of Brimhall
Road and east of Jewetta Avenue.
Final Map and Improvement Agreement with
Communities at Westlake, LLC, for Tract 6077 Unit 3
located south of Olive Drive and west of Verdugo
Lane.
Transportation Impact Fee Agreement with Coleman Homes,
Inc. for Tract 5934 (Estimated Impact Fee Credit - $125,000),
located on Buena Vista Road and River Run Boulevard.
s. Bakersfield Municipal Airport Ground Leases:
Ground Lease Agreement with John Morehouse for
purposes of constructing an aircraft storage hangar at
the Bakersfield Municipal Airport.
Ground Lease Agreement with Kurt Sickles for
purposes of constructing an aircraft storage hangar at
the Bakersfield Municipal Airport.
Bids:
Accept bid to award contract to Utah Pacific Construction for
$115,436 for the College Avenue Tank Site Piping
Modifications Project.
Accept bid to award contract for the construction of the
Bakersfield Ice Center.
Miscellaneous:
Dedication of Deed from the City of Bakersfield to Stanley D.
Green and Amy M. Greene, Husband and Wife as Joint
Tenants for a slope easement located within Lot 11 of Tract
6058, 9000 Golden Hawk Court.
ACTION TAKEN
AGR 03-012
AGR 03-0'13
AGR 03-014
AGR 03-015
AGR 03-0'16
AGR 03-017
REMOVED FOR
SEPARATE
CONSIDERATION
DEED 5784
(Ward 3)
(Ward 2)
Bakersfield, California January 29, 2003 - Page 7
CONSENT CALENDAR continued
General Plan Amendment 02-0623; 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.
(Staff recommends continuing this matter to February 26,
2003.)
Hanson announced Conflict of Interest on Consent Calendar item 8.u.
due to potential source of income.
Motion by Couch to adopt Consent Calendar items a. through
w. with items h., o., and u. for separate consideration.
Resolution determining that Novell software licenses and
maintenance cannot be reasonably obtained through the
usual bidding procedures and authorizing the Finance
Director to dispense with bidding therefore, and purchase
Novell Licenses from Compucom not to exceed $136,000.
Maggard requested staff contact vendor for possible reduction
of cost.
Motion by Maggard to defer issue until next meeting.
Resolution urging the California Legislature to reject the
Governor's proposed shift of Local Vehicle License Fee (VLF)
Revenues and to honor the 1998 commitment to restore the
VLF.
Motion by Maggard to adopt the Resolution with the deletion of
the words 'restoring the VLF to 1998 levels or.'
Accept bid to award contract for the construction of the
Bakersfield Ice Center.
Motion by Benham to award the bid of $5.4 million and to
appropriate the entire Occidental Petroleum one time monies to
both the ice and aquatics centers.
.ACTION TAKEN
APPROVED
APPROVED
RES 016-03
APPROVED
APPROVED
NS MAGGARD,
SALVAGGIO
ABS HANSON
Bakersfield, California January 29, 2003 - Page 8
HEARINGS continued
Hearing to consider public testimony to consider a request by
Hall Ambulance Service to alter the current rate schedule.
Mayor Hall announced Conflict of Interest on Hearing item 9.a.
due to source of income and stated for the record: "As the
founder and president of Hall Ambulance Service Incorporated,
and because I have a financial interest in the decision that you
will be making here this evening on public hearing item 9. a.
which gives rise to conflict of interest, I am recusing myself
from discussing this matter before you. I will now, in recusing
myself, ask for a brief five minute recess and Vice Mayor Couch
will now be conducting the leadership of this meeting to its
conclusion."
Recess taken from 8:31 to 8:43 p.m.
Assistant City Manager Stinson made staff comments.
Correspondence was received from 3 citizens regarding the proposed
ambulance fee hike, one in opposition and two in support of the
proposal.
Hearing opened at 8:44 p.m.
Bob Campbell, Nona Tollentino, Ombudsman Coordinator for Kern
County, and Linda DeBrum spoke in opposition to a rate increase.
Jacqueline Att, Controller of Hall Ambulance, Terry Mullin, EMT, Dr.
Adrien Moore, Director of the Riesen Public Policy Institute, and
Devon Lawrence, President of I EP Local 911, spoke in favor of a rate
increase.
Bob Campbell and Linda DeBrum spoke in opposition rebuttal to the
proposed rate increase.
Devon Lawrence, President of IEP Local 911, Tim Curly, Regional
Vice President of the Hospital Council, and Don Howard, host of
Senior Viewpoint at Buckley Broadcasting Station KMZR, spoke in
rebuttal in favor of a rate increase.
ACTION TAKEN
(Ward 2)
10.
11.
12.
13.
Bakersfield, California January 29, 2003 - Page 9
CONSENT CALENDAR continued
Hearing closed at 9:16 p.m.
Motion by Maggard to bring item back as a Workshop at Council
Meeting of 2-12-03.
b. Underground Utility District
1. Public hearing as required by Resolution of Intention
No. 1288 declaring the City's intention to order the
establishment of Underground Utility District No. 2,
Division 30 (Rosedale, Gibson).
Hearing opened at 9:45 p.m.
No one spoke.
Hearing closed at 9:45 p.m.
Motion by Benham to adopt the Resolution.
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
MAYOR AND COUNCIL STATEMENTS
Salvag9io thanked the Building Department's Code Enforcement
Officer David Paquette, for his efforts in improving Ming Ave. south
alley.
Salvaggio thanked the members of the Keep Bakersfield Beautiful
Committee for their efforts.
ACTION TAKEN
APPROVED
RES 018-03
APPROVED
26
13.
Bakersfield, California January 29, 2003 - Page 10
MAYOR AND COUNCIL STATEMENTS continued
Salvaggio thanked Fire Department employees Richard Borjon, Mike
Hurry, Steve Munoz, and Mark Maxwell for assisting a citizen in the
removal of a tree house.
Salvaggio requested staff respond to correspondence received
from Ricks's Recycling and report to Council.
Maggard complimented Chief Matlock on remarks the Chief made at
the Martin Luther King, ,Jr. Day celebration.
Maggard stated he was dissatisfied with the denial of requests
for installation of stop signs in Wards 2,3, and 7; staff is to
further review circumstances, particularly the instance which
resulted in a fatality, and report back to Council.
Maggard requested staff contact the owner of an empty fast-
food restaurant on Columbus regarding abatement of graffiti on
the building; if the abatement is not accomplished expeditiously
staff is directed to conduct the abatement and seek
reimbursement of the expense incurred from the property
owner.
Maggard requested a meeting with Development Services
Director Hardisty regarding the off-road OHV issue and the need
to determine whether certain land is located in the City.
Benham requested staff follow up on correspondence she
received from Chester Moland regarding the GET bus stop near
the Bakersfield Homeless Shelter; staff to expeditiously review
the GET proposal that the City install two stop signs and a
crosswalk to facilitate the stop.
Benham requested Public Works follow-up regarding street
closures SOuth 0f 24'h Street and proposals for mitigating effects
north of 24th Street.
Benham requested staff explore economic impact of multiple
Super Walmarts; the effect on the tax base and how the
economic health of the community will be affected; staff is
directed to investigate sources for an economic study to
determine the impact of multiple big box stores in the area; staff
to suggest how to develop City policy to adequately review
these applications with the goal of preventing a piecemeal
approach; also to refer to the Urban Development Committee for
review, if possible before the February 12 meeting.
ACTION TAKEN
13.
Bakersfield, California January 29, 2003 - Page 11
MAYOR AND COUNCIL STATEMENTS continued
Hanson requested Public Works provide an update regarding a
barricade being installed on Eastbourne.
Hanson request staff investigate feasibility of installing lights at
the Beech Park Skate Park.
Hanson stated that one of the Super Walmart stores is proposed for
Gosford Rd. just south of Pacheco, in a Castle and Cooke
development, among several other retail stores, restaurants and fast
food establishments. Currently the area is zoned light industrial.
Sullivan complimented the Bakersfield Police Reserve Officers
Association on their Appreciation and Award Banquet on Friday,
January 24.
Carson requested an update on the status of the cross walk at
3'd Street and Chester Avenue.
Carson gave an update regarding the Martin Luther King, Jr. Day
celebration activities.
Couch complimented the Mayor, Councilmember Maggard and
Councilmember Sullivan for their participation at the Bakersfield
Prayer Breakfast.
Couch complimented General Services on recent work done to the
Council Chamber.
Couch requested staff provide the public with an estimated
completion date for the project at Calloway and Olive and
provide an explanation for the delay in the completion of the
project.
Couch requested staff enlist the cooperation of the developer of
the apartment complex at Hageman and Jewetta in control and
abatement of dust created by the project.
ACTION TAKEN
14.
Bakersfield, California January 29, 2003 - Page 12
ADJOURNMENT
Mayor Hall adjourned the~ meeting at 10:12 p.m.
MJ(YdR of tl~e (~ity of Ba~'ersfield~/CA
ATTEST:
CITY CLERK and Ex Offic/'~) Clerk of the
City of Bakersfield, California
ACTION TAKEN