HomeMy WebLinkAbout09/24/03 MINUTES CCMINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
SEPTEMBER 24, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
ACTION TAKEN
REGULAR MEETING - 5:15 p.m.
ROLL CALL
Present:
Absent:
WORKSHOP
a.
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
None
Pedestrian Friendly Designs.
Comments by Development Services Director Hardisty.
Staff presentation and handouts provided by Planning
Director Grady.
Councilmember Benham requested staff formulate proposals for
review by the Planning and Development Committee regarding
changes needed in City Code for facilitation of linear parks,
pocket parks and trails.
Councilmember Carson requested staff develop incentives to
entice developers into older neighborhoods.
PRESENTATIONS
a. None.
Bakersfield, California September 24, 2003 - Page 2
DEFERRED BUSINESS
a. 2003 City Council Goals.
Assistant City Manager Stinson made a presentation.
Councilmember Carson requested Goal Item #8 be amended to
specifically explore funding (CDBG) for the relocation of Fire
Station No. 5.
Motion by Councilmember Salvaggio to adopt the revised goals.
CLOSED SESSION
Item 5.a. deleted at the request of legal council.
a. Conference with Legal Counsel - Anticipated Litigation
(Significant exposure to litigation). Closed Session pursuant
to subdivision (b)(3)(d) of Government Code Section 54956.9.
One (1) potential case.
b. Closed Session pursuant to Government Code Section
54957; Public Employee Appointment/Employment - City
Attorney.
Motion by Couch to recess to Closed Session at 6:07 p.m.
Motion by Couch to recess from Closed Session at 7:24 p.m.
ACTION TAKEN
APPROVED
REMOVED
APPROVED
APPROVED
REGULAR MEETING
1. INVOCATION by Pastor Al Jones, Vineyard Christian Fellowship.
2. PLEDGE OF ALLEGIANCE by Cory Shiver, 3rd Grade Student at Casa
Loma Elementary School.
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent: None.
Bakersfield, California September 24, 2003 - Page 3
CLOSED SESSION ACTION
b. Closed Session pursuant to Government Code Section
54957; Public Employee Appointment/Employment - City
Attorney.
PRESENTATIONS
None.
Mayor Hall recognized Boy Scout Troop 217 from St. Phillips Church,
government classes from Ridgeview High School and a political
science class from Bakersfield College.
PUBLIC STATEMENTS
a. John Bentley, Fox Theater Foundation, presented a plaque to
Councilmember Salvaggio in appreciation of his support of
the theater; in addition Councilmember Benham was
recognized for her support.
b. William Solko spoke regarding under-aged drinking parties.
Councilmember Benham requested staff conduct research to
determine whether state laws are in effect that allow for
prosecution of home owners where under, aged drinking parties
take place.
Vic Mabry, President of the Bakersfield Firefighters Labor
Organization, Local 246, spoke regarding new Fire Station No. 15
staffing issues.
APPOINTMENTS
None.
ACTION TAKEN
NAT
Bakersfield, California September 24, 2003 - Page 4
CONSENT CALENDAR
Minutes:
Approval of minutes of the Joint City/County Meeting of
September 15, 2003 and the Regular Council Meeting
September 10, 2003.
Payment:
Approval of department payments from August 29, 2003 to
September 11, 2003 in the amount of $ 26,583,933.35 and
self insurance payments from August 29, 2003 to September
11, 2003 in the amount of $185,391.31.
Ordinances:
First Reading of Ordinance repealing Chapter 5.10 of the
Municipal Code relating to Ambulances.
Resolutions:
Resolution confirming the approval by the Assistant to 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 adding territory, Area 3-21 (McCutchen, Mountain
Ridge) 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 5-10 (South H, Hosking SE)
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 of Intention No. 1313 to add territory, Area 3-23
(Berkshire, Granite Falls) to the Consolidated Maintenance
District, preliminarily adopting, confirming and approving
Public Works Director's Report.
ACTION TAKEN
FR
RESfT~03
RES '173-03
RES 174-03
ROI 1313
Bakersfield, California September 24, 2003 - Page 5
CONSENT CALENDAR continued
Resolution establishing Traffic Signal Maintenance District
TS-9 (Gosford Village), confirming the assessments,
approving Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector.
i. Resolution recognizing the California Hot Rod Reunion.
Agreements:
License Agreement with United States Department of the
Interior, Bureau of Reclamation to allow the widening of Snow
Road adjacent to the Friant Kern Canal.
Hageman Flyover, Centennial Corridor, 24th Street Widening,
Oak at 24th Street Interchange:
1. Consultant Agreement with URS Corporation
($64,599) for completion of four Project Study
Reports.
Appropriate $65,000.00 Transportation Development
Fund balance to the Capital Improvement Budget.
Agreement with Boyle Engineering ($44,500.00) for
consulting services and secure approval from the California
Regional Water Quality Control Board, for the City to recycle
treated wastewater for use at the City Green Waste Facility.
m. Agreements for Services of Certified Court Reporters:
1. Sylvia Mendez & Associates, not to exceed
$100,000.00
2. Esquire Deposition Services, not to exceed
$25,0O0.00
3. Denise King Court Reporting, not to exceed
$25,000.00
ACTION TAKEN
RES t75-03
RES 176-03
AGR 03-293
AGR 03-281
A GR 03-282
AGR 03-283
AGR 03-284
AGR 03-285
66
Bakersfield, California September 24, 2003 - Page 6
CONSENT CALENDAR continued
n. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Stone
Creek Partners, Inc. for Tract 6124 Unit 2 located
north of McKee Road and east of Wible Road.
Final Map and Improvement Agreements with McKee
Road Partners, Inc. for Tract 6178 Unit I located north
of McKee Road and east of Stine Road.
Final Map and Improvement Agreement with
California Life Style Homes, Inc., for Tract 5923
Phase 3 located east of Kern Canyon Road and south
of Chase Avenue.
Amendment No. 1 to Agreement No. 02-286 with Ben Hargis
& Son dba Precision Fertilizer ($80,000.00, for a total not to
exceed compensation clause of $250,000.00) to load, haul
and spread dried biosolids on designated fields at
Wastewater Treatment Plant 2 Farm.
Bids:
Reject all bids for 600 pair of rental ice skates for the Ice
Sports Center.
Accept bid from Solid Construction Incorporated
($212,628.00) for construction of the "Pioneer Recharge
Pipeline Project" for the Water Resources Department.
Traffic Signal and Lighting Installation at Brundage Lane and
Washington Street:
Accept bid to award contract to A-C Electric Company
for $80,673.00.
Appropriate $20,000.00 Transportation Development
Fund Balance to the Capital Improvement Budget.
Miscellaneous:
Street Right of Way Dedication across parking lots for Ice
Sports of Bakersfleld/McMurtrey Aquatic Center.
ACTION TAKEN
AGR 03-286
AGR 03-287
AGR 03-288
A GR 03-289
AGR 03-290
AGR 02-286(I)
AGR 03-29f
AGR 03-292
ABS MAGGARD
DEED 5953
Bakersfield, California September 24, 2003 - Page 7
CONSENT CALENDAR continued
t. Mohawk Sewer Line Extension Project:
Appropriate $165,000.00 Sewer Enterprise Fund
balance to the Capital Improvement Budget to
reimburse Equilon Enterprises LLC for services in
easement acquisition action in accordance with
Agreement Nos. 02-124 and 02-111.
City Manager's employee request for third extension to
medical leave without pay beyond one hundred-eighty days,
pursuant to Municipal Code Section 2.84.560 - Sick Leave
Depletion.
Accept and appropriate $3,500.00 donation from Albertson's
to Martin Luther King, Jr. Center computer lab to the
Recreation and Parks Operating Budget within the General
Fund.
Councilmember Maggard announced a conflict of interest on
Consent Calendar item 8.r. due to a former source of income.
Motion by Councilmember Couch to approve the Consent
Calendar items 8. a. through 8. u., with corrections to items 8.a.
and 8. d, and separate consideration for item 8. v.
Accept and appropriate $3,500.00 donation from Albertson's
to Martin Luther King, Jr. Center computer lab to the
Recreation and Parks Operating Budget within the General
Fund.
Motion by Councilmember Carson to approve the item.
ACTION TAKEN
APPROVED
APPROVED
68 * 1
10.
11.
Bakersfield, California September 24, 2003 - Page 8
HEARINGS ACTION TAKEN
a. Continued Protest Hearing for proposed Assessment District RES t78-03
No. 03-1 (AD 03-1, Brighton Place/Silver Creek II):
1. Resolution approving Final Engineer's Report, levying
assessments, ordering improvements and authorizing
and directing related actions.
Staff comments by Public Works Director Rojas.
Hearing opened at 7:55 p.m.
No one spoke.
Hearing closed at 7:55 p.m.
Motion by Councilmember Couch to approve the Resolution.
b. Protest Headng to determine whether the public interest and
necessity require acquisition by eminent domain of
approximately 22 acres of real property (portion of APN 436-
054-02) located south of Alfred Harrell Highway and west of
Faiffax Road for a landfill buffer zone (Code of Civil
Procedure Section 1245.230, et seq.).
Staff comments by City Attorney Thiltgen.
Hearing opened at 7:56 p.m.
David Easton and Jeff Perrera, co-owners of the property
spoke in opposition to the staff recommendation.
Hearing closed at 8:53 p.m.
Motion by Councilmember Maggard to continue the hearing until
the October 8, 2003 Council Meeting.
REPORTS
None.
DEFERRED BUSINESS
a. Resolution opposing the sale and reopening of the Kern
Power Plant.
Motion by Councilmember Couch to approve the Resolution.
APPROVED
APPROVED
APPROVED
69
12.
13.
Bakersfield, California September 24, 2003 - Page 9
NEW BUSINESS
None.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham directed staff follow up on a previous
request to facilitate code enforcement in the area just north of
Bakersfield High School in the railroad right of way.
Councilmember Benham requested staff investigate complaints
regarding stray dogs in the Baker Street area.
Councilmember Maggard stated for the record that he had asked
Mr. Ruffato at the Special Meeting if he, (Mr. Ruffato) would
pursue locating his business in Bakersfield if the City Council
opposed the action. Mr. Ruffato's response was that he would
look elsewhere besides the City of Bakersfield for a business
location if the City Council opposed location of his business in
the City.
Councilmember Salvaggio requested staff remove graffiti from
the south side of the south masonry wall at 4401 Hughes Lane;
in addition the south side of the south masonry wall bordering
the play area needs graffiti removal
Councilmember Salvaggio requested staff sweep Benton Street
from Wilson to Belvedere.
Councilmember Salvaggio thanked Assistant City Manager
Christensen for looking into the empty tree wells in the median of
South H Street and for offering to plant ground cover in the wells
since they are not suitable for tree planting.
Councilmember Salvaggio congratulated the Police Department being
awarded a one million dollar Cops in Schools Grant from the
Department of Justice.
Councilmember Salvaggio requested staff prepare a letter of
congratulations for a Boy Scout being promoted to Eagle Scout.
Councilmember Salvaggio thanked Jack Hardisty, Dennis Fidler and
Code Enforcement personnel for issuing a seven day violation notice
to Union Pacific Railroad to remove the overgrown weeds, trash and
debris along railroad property along the east side of Hughes Lane
south of White Lane and for installing a small fence at the
Brookhaven neighborhood.
ACTION TAKEN
13.
Bakersfield, Califomia September 24, 2003 - Page 10
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Salvaggio acknowledged the presence of
flreflghters; requested staff address the issue of staffing for the
new Fire Station No. f5 with the union by placing the issue on
the agenda as a public item at the October 8 meeting.
Councilmember Carson requested staff provide Council with a
written response to a letter she received from Willie Shefl
regarding conditions approved by Council at the time of the
construction of the Food Maxx being met.
Councilmember Carson requested staff correct misleading
signage on Oleander between Terrace Way and Bright.
Councilmember Carson requested staff review a request by
CCAPE on behalf of a City Employee; should staff deem the
request appropriate, the matter is to be placed on the agenda of
the next Personnel Committee Meeting.
Councilmember Carson requested Bill Solko's concern
regarding under aged drinking be placed on the next agenda of
the Ad Hoc Committee on Crime.
Councilmember Hanson requested an update regarding the
preemption equipment award.
Councilmember Hanson requested staff mitigate speeding in the
Oak Grove Street, Broad Oak and St. Cobain area through the
installation of speed humps.
Councilmember Sullivan requested staff evaluate traffic on Holly
Hock and take measures to mitigate speeding on that street.
Councilmember Sullivan requested Assistant City Manager
contact her regarding implementing a new festival at one of the
City parks along the river.
Councilmember Couch referred to Planning and Development
Committee the suggestion that staff include in landscape plans
the location of utilities in order to plan appropriate plant
materials and avoid the unnecessary topping of trees.
Councilmember Couch requested a status report on the GET
preemption and priority signal program.
Councilmember Couch presented and requested copies be provided
to Council of a letter from the City of Shafter, presented at KERNCog,
regarding the location of the high speed rail station.
ACTION TAKEN
13.
14.
Bakersfield, California September 24, 2003 - Page 11
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Couch requested staff contact the City of Wasco
to request information regarding a recently implemented Traffic
Impact Fee.
Councilmember Couch requested staff formulate a plan to
provide similar information to the public that is currently
provided by Megan's Law should the State allow Megan's Law
to expire,
Councilmember Couch expressed disappointment at Mr. Ruffato's
response regarding Council opposition to the location of his business
in the City.
ADJOURNMENT
Mayor Hall adjourned the meeting at 8:35 p.m.
MAYOR of the~City ~f Bakerst~gl'd, C_~
ACTION TAKEN
ATTEST:
CITY CLERK and Ex Officio ~e~ of the
City of Bakersfield California ~
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