HomeMy WebLinkAbout02/26/03 MINUTES CCMINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
FEBRUARY 26, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
ACTION TAKEN
PREMEETING
1. ROLL CALL
Present:
Vice-Mayor Couch, Councilmembers Carson,
Benham, Maggard (seated at 5:21), Hanson, Sullivan
(seated at 5:36), Salvaggio
Absent: Mayor Hall
WORKSHOP
a. Cost Recovery Program update.
Assistant to the City Manager Haynes made staff
comments.
Motion by Couch to recess to Closed Session at 5:24 p.m.
Mayor Hall was absent during Closed Session.
CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. Stevens v. City of Bakersfield; KCSC Case
No. 249329-NFT
b. Public Employee Performance Evaluation - City Attorney;
Closed Session pursuant to Government Code Section
54957.
Motion by Benham to adjourn from Closed Session at 6:45 p.m.
APPROVED
APPROVED
Bakersfield, California February 26, 2003 - Page 2
REGULAR MEETING
INVOCATION by Assistant Pastor Dennis Allen, Oaks Community
Church.
PLEDGE OF ALLEGIANCE by Michael Redd, Jr., 6th Grade Student,
Greenfield Junior High.
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 - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. Stevens v. City of Bakersfield; KCSC Case
No. 249329-NFT
Public Employee Performance Evaluation - City Attorney;
Closed Session pursuant to Government Code Section
54957.
The City Council has completed its performance evaluation of
the City Attorney and has directed the City Attorney to bring
back to the Council for consideration an amendment to the
Employment Contract which would contain a voluntary
reduction in total compensation of $5,0OO/year, an elimination of
the City contribution to deferred compensation, an adjustment
to the salary of the City Attorney to reflect a reallocation of
deferred compensation to salary of $6OOO/year, and modification
of language related to retiree medical benefits.
The City Attorney has announced his intent to retire effective
October 31, 2003. The City Council thereby directs the City
Manager to immediately take steps to start the process for
recruitment of a new City Attorney.
ACTION TAKEN
NAT
Bakersfield, California February 26, 2003 - Page 3
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Dave
Christensen, District Manager of Southern California Gas
Company, proclaiming March, 2003 as "Support Your
Charities Month".
b. Presentation by Mayor Hall of Proclamation to the Women's
Club of Bakersfield, proclaiming March, 2003, as "Youth Art
Month".
Mayor Hall recognized Boy Scout Troop 99 and a
Bakersfield College political science class.
PUBLIC STATEMENTS
a. Richard Brand spoke regarding railroad remote control
technology.
b. Richard Groves spoke regarding community economic
concerns.
Maggard requested Development Services Director clearly
delineate to Mr. Groves the process by which the public may
address issues of concern.
c. Ted Nicholas spoke regarding temporary use permits for
off-site auto sales.
Salvaggio referred the issue of temporary use permits for off-
site auto sales to the Legislation and Litigation Committee.
Maggard referred the issue of temporary signs on roadways
to the Legislation and Litigation Committee.
d. Jason Thomasy spoke regarding off-site tent sales.
Benham referred the issue of off-site tent sales to the
Legislation and Litigation Committee meeting of March 10.
e. Steve Montgomery spoke concerning policy on handling of
animals at crash scenes.
Benham referred the issue of City policy regarding the
handling of pets at crash sites to the Legislation and
Litigation Committee.
ACTION TAKEN
(Ward 4)
(Ward 5)
(Ward 4)
(Ward 7)
Bakersfield, California February 26, 2003 - Page 4
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Minutes from Meeting of February 12, 2003.
Payments:
Approval of department payments from January 31, 2003 to
February 13, 2003 in the amount of $6,429,400.38 and self
insurance payments from January 31, 2003 to February 13,
2003 in the amount of $264,908.91.
Ordinances:
Adoption of an Ordinance approving the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 101-35 from A (Agriculture) to R-1 (One Family Dwelling)
on 20 acres, located at the northwest corner of Stockdale
Highway and Renfro Road. (ZC 02-0939) (First Reading 2-
15-03)
Adoption of an Ordinance amending Section 17.06.020 (Zone
Map No. 123-20 of Title Seventeen of the Bakersfield
Municipal Code by changing the zoning from M-2 (General
Manufacturing) to P.C.D. (Planned Commercial Development
on 73.53 acres. (ZC 02-0030) (First Reading 2-15-03)
Adoption of an Ordinance approving the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 101-13 from C-2 to R-1 and deleting "condition of
approval number 3" and "Mitigation measure number 2" of
previous ZUA 5169 on an adjacent 73.79 acres located at the
southwest corner of Jewetta Avenue and Reina Road. (ZC
02-0976) (First Reading 2-15-03)
Adoption of an Ordinance amending Section 17.00.020 (Zone
Map No. 123-24) of Title Seventeen of the Bakersfield
Municipal Code by changing the zoning from MH (Mobile
Home ) zone to PCD (Planned Commercial Development)
zone on 37.5 acres generally located on the east side of State
Route 99, north of Panama Lane (ZC 02-0193). (First
Reading 2-15-03)
ACTION TAKEN
ORD 4109
ORD 4110
ORD 4111
ORD 4112
(Ward 1,2)
(Ward 3)
(Ward 1,7)
(Ward 4)
(Ward 3)
Bakersfield, California February 26, 2003 - Page 5
CONSENT CALENDAR continued
Resolutions:
A Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City of
Bakersfield, property identified as Annexation No. 442 and
443 located (1) east of Oswell Street, south fo State
Highway 58 and (2) at the west side of Jewetta Avenue 200
feet south of Birchhaven and at the southwest corner of
Bernard Street and Beale Avenue.
Resolution adding territory, Area 4-26 (Paladino, Masterson
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.
Resolution urging the California Public Utilities Commission
and the Federal Railroad Administration to adopt
regulations to ensure the safety and well-being of citizens
of Bakersfield will not be jeopardized by the use of remote
control locomotives.
A 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.
Agreements:
Final Map and Improvement Agreements with Castle &
Cooke California, Inc., for Tract 6086 located south of Ming
Avenue and east of South Allen Road.
Bakersfield Sanitary Landfill Closure Project:
Agreement with LFG&E International for Landfill
Gas System Services not to exceed $500,000 for
three years.
ACTION TAKEN
RES 028-03
RES 029-03
RES 030-03
RES 031-03
RES 032-03
AGR 03-032
AGR 03-033
AGR 03-034
AGR 03-035
b. Appropriate $500,000 Landfill Closure Fund balance
to the Capital Improvement Budget.
(Ward 3)
(Ward 4)
(Ward 6)
Bakersfield, California February 26, 2003 - Page 6
CONSENT CALENDAR continued
Amendment No. 1 to Agreement No. 00-95 with William Avery
& Associates, Inc. for Negotiation and Consultant Services in
Employer-Employee Relations in an amount no to exceed
$38,700 per year.
Contract Change Order No. 1 to Agreement No. 02-302 with
C.W. Neal Corporation, $20,356.73, for "Northeast
Bakersfield Water Supply Reservoir Phase 2 - liner
Installation" for the Water Resources Department.
Amendment No. 4 ($100,000; for a total contract amount of
$600,000) to On Call Civil Engineering Services Design
Consultant Agreement No. 00-186 with Ruettgers & Schuler
Civil Engineers for additional On Call Civil Engineering
Services.
Amendment No. 1 to Agreement No. 02-168 with Riverlakes
Investment Company, LLC to construct a temporary chain link
fence and/or block wall on the northerly side of the canal
located north of Meany between Coffee Rd. and Patton Way.
Agreement with Brown, Armstrong, Paulden, McCown, Hill,
Starbuck & Keeter, Accountancy Corporation ($45,000) for a
full scope annual audit of the 2002-03 fiscal year.
Mohawk Street Separation of Grade at the Burlington
Northern and Santa Fe Railroad:
Joint Agencies Agreement with the Greater
Bakersfield Separation of Grade District (GBSGD) and
the County of Kern.
Resolution of Council of the City of Bakersfield
authorizing filing of application, verifying that sufficient
funds are available and that all other matters requisite
to awarding the contract for the Grade Separation on
Mohawk Street at the Burlington Northern and Santa
Fe Railway Tracks will be undertaken.
Consultant's Agreement with PLCs Plus International, Inc.,
($106,008) to provide engineering and programming services
for a SCADA system at Wastewater Treatment Plant 3.
ACTION TAKEN
AGR 00-95(1)
CCO'I 02-302
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 02-168fl)
AGR 03-036
AGR 03-037
RES 033-03
AGR 03-038
t. Agreement assigning the California Housing Finance Agency AGR 03-039
Loan of $500,000 from City to Agency.
(Ward 4)
(Ward 3)
Bakersfield, California February 26, 2003 - Page 7
CONSENT CALENDAR continued
Bids:
Accept bid from Oakland Computer Company in the amount
of $237,731.42 for 33 Panasonic ToughBooks and Equipment
for the Building Department.
Accept bid and award contract to Colombo Construction
Company, Inc., for $3,463,600 for the base bid plus the
additive alternative for the construction of the Bakersfield Fire
Station #15 and Westside Police Substation.
Miscellaneous:
w. Acceptance of Financial Audit Reports
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.
ACTION TAKEN
AGR 03-040
CONTINUED TO
MARCH 26, 2003
Appropriate $282,535 Transportation Development Fund
balance to the Capital Improvement Budget to fund the
reimbursement to developer for costs to construct Hageman
Road between Mohawk Street and Landco Drive per
Agreement No. 02-297.
Motion by Couch to adopt Consent Calendar items a. through y.
with a correction to item g. reducing the acreage from 120 to 80
acres, and the removal of item o. for separate consideration.
Amendment No. 4 ($100,000; for a total contract amount of
$600,000) to On Call Civil Engineering Services Design
Consultant Agreement No. 00-186 with Ruettgers & Schuler
Civil Engineers for additional On Call Civil Engineering
Services.
Motion by Hanson to defer the issue to the next meeting.
Maggard requested staff provide alternatives and clarify the
consequences of delay of entering into the agreement.
APPROVED
A PPR 0 VED
(Ward 3)
(Ward 2)
Bakersfield, California February 26, 2003 - Page 8
HEARINGS
a.
(Ward
General Plan Amendment/Zone Change 02-0853; G.W.
Wilson has proposed to amend the General Plan located
along the north side of Height Street approximately 258 feet
west of Mt. Vernon Avenue and approximately 80 feet north
of State Route 178:
Resolution approving the Negative Declaration and
adopting the General Plan Amendment to change
land use designations from GC (General Commercial
to HR (High Density Residential) on 1.78 acres.
Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning
Map No. 101~13 from C-2 (Neighborhood
Commercial) to R-3/PUD (Limited Multiple Family
Dwelling) on 1.78 acres.
Staff comments by Development Services Director Hardisty.
Hearing opened at 7:51 p.m.
G.W. Wilson, architect of the project, and Richard Groves
spoke in favor of the project.
Hearing closed at 7:56 p.m.
Motion by Maggard to approve the Resolution and give first
reading to the Ordinance.
General Plan Amendment/Zone Change 02-0961; Bakersfield
Redevelopment Agency has proposed a General Plan
Amendment and Ordinance amendment for 8 acres, located
at the northeast corner of 21st Street and R. Street.
Resolution approving the Negative Declaration and
adopting the General P I a n
Amendment to change land use designation from
MUC (Mixed Use Commercial) to LMR (Low Medium
Density Residential) on 8 acres.
Ordinance adopting Negative Declaration and
amending Title 17 of the Municipal Code and Zoning
map No. 103-30 from CC (Commercial Center) to
PUD (Planned Unit Development) zone on 8 acres.
Staff comments by Development Services Director Hardisty.
ACTION TAKEN
RES 034-03
FR
A PPR 0 VED
RES 035.03
FR
Bakersfield, California February 26, 2003 - Page 9
HEARINGS continued
Hearing opened at 7:59 p.m.
No one spoke.
Hearing closed at 7:59 p.m.
Motion by Benham to approve the Resolution and give first
reading to the Ordinance.
General Plan Amendment/Zone Change 02-0959; Rosedale
Construction Company has proposed a General Plan
Amendment and an ordinance amendment for 80 acres,
located at the north of Olive Drive, east of Allen Road.
Resolution approving the Negative Declaration and
adopting the General Plan Amendment to change
land use designation from R-lA (Resource-Intensive
Agriculture) to LMR (Low Medium Density
Residential) on 80 acres.
Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning
Map No. 101-12 from A (Agriculture) to R-1 (One
Family Dwelling) zone on 80 acres.
Staff comments by Development Services Director Hardisty.
Hearing opened at 8:02.
No one spoke.
Hearing closed at 8:02.
ACTION TAKEN
A PPR 0 VED
RES 036-03
FR
Motion by Couch to approve the Resolution and give first APPROVED
reading to the Ordinance.
(Ward 6)
Bakersfield, California February 26, 2003 - Page 10
HEARINGS continued
Concurrent General Plan Amendment/Zone Change No. 02-
0837; Frank Trippichio has proposed a General Plan
Amendment and Zone Change from Public Facilities to High
Medium Density Residential on 3.41 acres and Low Density
Residential to High Medium Density Residential located
adjacent on the east side of Akers Road, just north of White
Lane.
Resolution approving the Negative Declaration and
adopting the General Plan Amendment to change
land use designations from P to HMR on 3.41 acres
and LR to HMR on 2.21acres.
Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning
map No. 123-14 from R-1 to R-2-CH on 3.41 acres, R-
l-CH to R-2 on 2.05 acres and R-1 to R-2 on .16
acres.
Staff comments by Development Services Director Hardisty.
Hearing opened at 8:05 p.m.
Kent Scott and Larry Wortz spoke in opposition to the staff
recommendation if the change would allow multi-story
buildings.
Frank Tdppichio, applicant, spoke in favor of the staff
recommendation.
Larry Wortz spoke in rebuttal opposition to the staff
recommendation.
Frank Trippichio spoke in rebuttal support of the staff
recommendation.
Hearing closed at 8:19 p.m.
ACTION TAKEN
RES 037.03
FR
Motion by Sullivan to approve the Resolution and give first APPROVED
reading to the Ordinance.
(Ward 4)
10.
11.
Bakersfield, California February 26, 2003 - Page 11
HEARINGS continued
e. General Plan Amendment 02-0958; Mclntosh & Associates
has proposed a General Plan Amendment, located south of
Stockdale Highway, west of Renfro Road, just north of the
Cross Valley Canal.
1. Resolution approving the Negative Declaration and
denying the General Plan Amendment to the
Circulation Element to delete a Collector segment on
the Circulation Map.
Staff comments by Development Services Director Hardisty.
Hearing opened at 8:35 p.m.
No one spoke.
Hearing closed at 8:35 p.m.
Motion by Couch to return the issue to the Planning
Commission for review, with consideration of the proposed
project, including the deletion of the collector.
REPORTS
None.
DEFERRED BUSINESS
a. Discussion of Proposed Ambulance Rates of Hall Ambulance,
discussion of process for review of rate increase requests,
and firs reading of an Ordinance amending Bakersfield
Municipal Code Section 5.10.120 dealing with Ambulance
Service Charges.
Mayor Hall announced Conflict of Interest on Deferred Business
item ll.a. due to source of income.
Recess taken from 8:38 to 8:54 p.m.
Jacqueline Att, Controller of Hall Ambulance, made
comments and submitted proposed changes to the
ambulance Ordinance.
ACTION TAKEN
REFERRED TO
PLANNING
COMMISSION
APPROVED
11.
Bakersfield, California February 26, 2003 - Page 12
DEFERRED BUSINESS continued
ACTION TAKEN
Motion by Couch to give first reading to the Ordinance with the APPROVED
inclusion of the following revisions: FR
The shaded areas on the draft to be included in the
ordinance.
The determination date will remain April 1, with the
Council retaining the option to extend the period 90 days.
In number four the wording for the study will be changed
from 'economic analysis' to 'rate modification study.'
The words 'independently performed rate modification
study' be included in the first sentence of number four
and the last sentence of number four be deleted.
Motion by Benham to forward the letter drafted by the City
Attorney to the State Attorney General's Office in order to illicit
an opinion from the Attorney General's Office. In addition, the
amount of money paid by the City to Hall Ambulance in the past
two fiscal years will be included in the letter and clarification
requested regarding any violation of Government Code 1090
through any actual or implied contract with Hall Ambulance after
the Mayor's election to office to the present.
Carson requested staff review City programs utilizing paramedic
services and report back to Council regarding those services.
Carson requested staff report to Council what options exist
regarding ambulance services in the City should Hall Ambulance
cease providing service and whether the City can issue a
Certificate of Need.
Carson requested staff provide information regarding response
to 911 ambulance service calls and dispatch thereof; and the
possibility of dual response to calls by Hall Ambulance and City
Fire/Police Units and how this impacts response times and
costs, particularly for Hall Ambulance.
Maggard requested information from Fire regarding how
emergency services would be addressed should Hall Ambulance
choose not to provide services.
A PPR 0 VED
tl.
12.
13.
Bakersfield, California February 26, 2003 - Page 13
DEFERRED BUSINESS continued
Maggard requested staff provide information regarding
alternatives for providing emergency services should the
need arise and clarification regarding the effect of authority
outside the City on the issue.
NEW BUSINESS
None.
MAYOR AND COUNCIL STATEMENTS
Hanson commented that the red light enforcement program promotes
safety and is not a financial issue.
Hanson reinforced that public safety is a priority.
Salvaggio stated the Planz Park playground equipment has arrived
and installation should be complete within the next few weeks.
Salvaggio requested staff remove graffiti from a wooden fence
on the west side of South H St., north of Wilson Rd., and from a
masonry wall on the north side of Wilson Rd. on the east side of
Fremont at the shopping center; further he continued diligence
by the Police Department in apprehending taggers.
Salvaggio requested Council be provided a list of intersections
that will be involved in the red light enforcement program.
Salvaggio requested Council be provided an updated financial
analysis for the ice rink and aquatics center and an update
regarding the contingency issues for the projects; in
conjunction with the projects staff to review pools for possible
closure, specifically Saunders Park, Beale Park, Jastro Park,
Wayside Park; in addition to review the need for re-plastering
the Silver Creek pool and the implications that has on the ice
rink/aquatics center projects; staff to provide ongoing Council
information regarding the financial status of the projects; staff
to provide information regarding state requirements for fifty
meter pool to be classified recreational; information regarding
the cost of maintaining hydraulic lifts; staff to obtain an update
on the status of fund-raising efforts for specialized pool
amenities.
Benham assured Council and community the Aquatics Committee is
making excellent progress in their fund-raising efforts and are aware
of time constraints involved in the project.
ACTION TAKEN
13.
Bakersfield, California February 26, 2003 - Page 14
MAYOR AND COUNCIL STATEMENTS continued
Benham requested staff review the DBA proposal to increase
flexibility of businesses in the downtown area to add
improvement elements such as awnings, planters, etc., and
bring the issue before the Legislative and Legislation
Committee as soon as possible.
Benham requested the Urban Development Committee review
the proposal by Scenic America regarding the Highway 99
corridor and design standards for cities along the corridor and
application of those standards in the City.
Maggard requested the Public Works review the status of Height
Street maintenance and keep Mr. Groves apprized of the
situation.
Maggard requested staff review the issue of communicating with
Spanish speaking citizens.
Maggard requested an update on policy regarding staff attending out
of town conferences.
Maggard requested staff coordinate abatement of nuisances at
the old Hopper building on Union Ave.; and report back on the
City's ability to control vandalized properties, make property
owners responsible for up-keep and recover costs.
Maggard thanked City Attorney Thiltgen for his service.
Sullivan asked when the red light program will be functional.
Sullivan requested staff evaluate the need for a 'No U-Turn' sign
at Real Rd. and Hwy. 58.
Carson provided an update on the Food 4 Less store in Ward 1,
which is scheduled for opening March 19.
Carson requested staff remove graffiti from the back of the Food
4 Less store.
Carson requested staff provide information regarding feasibility
ora crosswalk at the intersection of Third St. and Chester Ave.
Carson requested a list of positions laid off in the Fire and
Police Departments due to mid-year budget cuts.
ACTION TAKEN
t3.
14.
Bakersfield, California February 26, 2003 - Page 15
MAYOR AND COUNCIL STATEMENTS continued
Carson requested staff review the feasibility of transferring
responsibility for pools the City determines will be closed to
private entities such as the Y.M.C.A.
Couch thanked Chief Matlock, Chief Fraze, and staffs for work on
the Southwest Police/Fire Substation project.
Couch provided information regarding providing contributions to
the Golden Empire Detachment of the Marine Corp League.
ADJOURNMENT
Vice-Mayor Couch adjourned the meeting at 12;24 a.m.
MAYOR of the Cit~f Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk/~ the
City of Bakersfield, California
ACTION TAKEN
b~