HomeMy WebLinkAbout10/22/03 CC MINUTESMINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
OCTOBER 22, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson (seated at 5:50) Benham, Hanson, Sullivan
(seated at 5:20), Salvaggio
Absent: Maggard
Recess from 5:18 p.m. to 5:22 p.m.
2. WORKSHOP
Presentation and overview of the Baker Street
Comprehensive Economic Development Strategy.
Economic Development Director Kunz introduced David
Lyman who gave an overview of the project and provided
handouts.
Jerry Randall, Carol Gracie, Walter Williams and Marie Tap
spoke regarding the issue.
b. Relocation of Fire Station No. 5 using CDBG funds.
Staff comments by Fire Chief Fraze.
Councilmember Couch requested information regarding
possible sale of the property and use of proceeds from the sale.
3. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation. Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. Ghilarducci vs. City of Bakersfield, USDC
Eastern District Court Case No. CV-F-03-6216 AWl TAG
Motion by Couch to recess to Closed Session at 6:01 p.m.
APPROVED
Motion by Couch to recess from Closed Session at 6:41 p.m. APPROVED
Bakersfield, Califomia October 22, 2003 - Page 2
REGULAR MEETING
INVOCATION by Bishop Garvin Prichett, Ambassadors for Christ
Ministries.
PLEDGE OF ALLEGIANCE by Olivia Franzen, 2nd Grade Student at
Buena Vista Elementary School.
3. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, 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. Ghilarducci vs. City of Bakersfield, USDC
Eastern District Court Case No. CV-F-03-6216 AWl TAG
5. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Art Carlock,
Chairman, Highway 99 Cruise 'n' Show, proclaiming October
24-26, 2003, as "Second Annual Highway 99 Cruise 'n' Show
Days".
Presentation by Mayor Hall of Retirement Plaque to City
Attorney Bart Thiltgen.
Mayor Hall recognized classes from Ridgeview High School
Bakersfield College.
6. PUBLIC STATEMENTS
William Baerg, Esq., spoke of behalf of Turboflow Engineers
regarding Consent Calendar item 8.x. and the staff
recommendation to reject all bids Wastewater Plant #2
effluent storage project.
ACTION TAKEN
NAT
89
Bakersfield, California October 22, 2003 - Page 3
CONSENT CALENDAR
Minutes:
Approval of minutes of Special Council meeting of October 1,
2003 and Regular Council meeting of October 8, 2003.
Payments:
Approval of department payments from September 26, 2003
to October 9, 2003 in the amount of $6,513,506.83 and self
insurance payments from September 26, 2003 to October 9,
2003 in the amount of $137,569.01.
Ordinances:
Ordinance adopting the Negative Declaration and amending
Section 17.06.020 (Zone Map No. 102-30) of the Municipal
Code by changing the zoning from an R-S 10^ (Residential
Suburban - 10 acre minimum lot size) zone to an E (Estate)
zone on 9.93 acres located on the east side of Jewetta
Avenue, approximately 660 feet north of Brimhall Road (File
No. 03-0805).
Ordinance amending Section 16.16.010 of the Municipal
Code relating to deletion of an obsolete reference relating to
tentative maps.
Ordinance amending Sections 2.84.560 and 2.84.620 relating
to Leaves of Absence for a period longer than 180 days.
Ordinance amending Section 10.28.010 of the Municipal
Code relating to one-way streets, designates East 21st Street
from King Street to Beale Avenue as a one-way street, West
to East.
g. Public Employees' Retirement System (PERS):
Ordinance authorizing amendment to the contract
between the Board of Administration of the Public
Employees' Retirement System and the City of
Bakersfield making Section 21362.2 (3% @ 50 Full
Formula) for local police members only applicable to
the City.
Amendment No. 4 to Contract No. 97-39 with the
Board of Administration of the Public Employees'
Retirement System for local police members only.
ACTION TAKEN
ORD 4152
ORD 4153
ORD 4154
ORD 4155
ORD 4156
AGR 97-39(4)
Bakersfield, California October 22, 2003 - Page 4
CONSENT CALENDAR continued
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.
i. Animal Control Vehicles:
Resolution determining that bidding for animal control
vehicles cannot be reasonably obtained through the
usual bidding procedures because of the urgent need
to procure equipment for the preservation of health
and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $102,000.00.
Appropriate $102,000.00 from the Equipment
Management Fund Balance to the Public Works
Department Operating Budget.
Amendment No. 1 to Resolution No. 181-85 granting certain
City employees the authority to invest City of Bakersfield
monies in the State of California Local Agency investment
Fund (LAIF).
Amendment No. 2 to Resolution No. 036-01 establishing
Underground Utility District No. 2, Division 27 (Stockdale).
Resolution of Intention No. 1293 to add territory, Area 1-35
(Jewetta, Meacham West) to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1307 to add territory, Area 1-42
(Olive, Old Farm 4) to the Consolidated Maintenance District
and preliminarily adopting, confirming and approving Public
Works Director's Report.
ACTION TAKEN
RES f86-03
REMOVED FOR
SEPARATE
CONSIDERATION
RES
RES 036-01
ROI 1293
ROI f307
Bakersfield, California October 22, 2003 - Page 5
CONSENT CALENDAR continued
Agreement to indemnify LAFCO for City Annexation No. 444,
Proceeding 1360, uninhabited territory located north of
Hosking Avenue, generally west of South Union Avenue.
o. Agreement with Virginia Gennaro for City Attorney Services.
Agreement with Clifford & Brown to provide legal services in
the matter of Maxwell v. City of Bakersfield, Kern County
Superior Court Case No. 248864 RJA, in an amount not to
exceed $50,000.00.
License Agreement with Kern County Water Agency to allow
City pipeline crossing of Cross Valley Canal property.
Agreement with Pacific Union Dental for Retiree Dental
Benefits.
Assignment of Lease No. 93-144(1) between the City of
Bakersfield and John Hosack to Jerry Manda for Hangar A2.
Amendment No. I to Agreement No. 03-014 with Coleman
Homes, Inc. reducing their Transportation Impact Fee Credit
to $110,132.00 and applying said credit to Tract 6082.
Amendment No. 1 to Agreement No. 02-013 ($3,500.00 for a
revised total contract amount of $353,500.00) with RRM
Design Group for design of water feature for the Fire Station
No. 15/Westside Police Substation Project.
Bids:
Accept bid to award annual contract for Home Accessibility
Program Services for Muxlow Construction, not to exceed
$55,000.00.
ACTION TAKEN
AGR 03-309
AGR 03-310
AGR 03-311
AGR 03-312
AGR 03-313
AGR 93-144(1)
AGR 03-014(1)
AGR 02-0t3(I)
AGR 03-314
Bakersfield, California October 22, 2003 - Page 6
CONSENT CALENDAR continued
w. Water Storage Tank and Booster Pump Facility:
Accept bid from HPS Mechanical Inc. ($3,975,904.00)
for construction of the 3 million gallon water storage
tank and booster pump facility at CBK Station L-208
for the Water Resources Department.
Amendment No. 1 to Cost Sharing Agreement No. 03-
202 with California Water Service for engineering
design and construction of L-208 facilities.
Appropriate California Water Service Company share
of project ($508,300.00) to the Water Resources
Capital Improvement Budget within the Domestic
Water Fund.
Reject all bids for Wastewater Treatment Plant No. 2, Effluent
Storage Improvements.
Accept bid from lowest responsible and responsive bidder for
two additional refuse roll-off trucks for the Solid Waste
Division.
Miscellaneous:
Community Development Block Grant (CDBG) Action Plan
Amendment No. 1 (FY 03/04) and Amendment No. 7 (FY
02/03).
Appropriate $370,825.00 prior year HOME Program
Income to the Economic and Community
Development Department Operating Budget.
aa.
Appropriate $89,000.00 Refuse Fund Balance to the
operating budget to purchase blue carts for the curbside
recycling program.
bb.
Purchase of real property located at 712 Kentucky Street for
the Old Town-Kern Mixed Use Project:
Appropriate $120,000.00 fund balance to the Old
Town-Kern Capital Improvement Budget.
ACTION TAKEN
AGR 03-3f5
AGR 03-202(1)
REMOVED FOR
SEPARATE
CONSIDERATION
DEED 5972
Bakersfield, California October 22, 2003 - Page 7
CONSENT CALENDAR continued
CC.
Accept donation of medical equipment (approximately
$2,600.00) from Liberty Ambulance.
Motion by Councilmember Couch to approve Consent Calendar
items 8.a. through 8.cc, with a correction to item 8.h., the
deletion of 1323 Ralston Street from the exhibit, and removal of
items 8.i. and 8.x for separate consideration.
i. Animal Control Vehicles:
Resolution determining that bidding for animal control
vehicles cannot be reasonably obtained through the
usual bidding procedures because of the urgent need
to procure equipment for the preservation of health
and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $102,000.00.
Appropriate $102,000.00 from the Equipment
Management Fund Balance to the Public Works
Department Operating Budget.
Motion by Councilmember Maggard to approve the item.
Councilmember Hanson requested Council discuss the debt
owed the City by the SPCA in Closed Session.
Reject all bids for Wastewater Treatment Plant No. 2, Effluent
Storage Improvements.
Motion by Councilmember Carson to defer the item to a later
date.
Motion by Councilmember Couch to reject all bids.
ACTION TAKEN
APPROVED
RES 187-03
APPROVED
FAILED
NS COUCH,
BENHAM,
HANSON,
SAL VAGGIO
APPROVED
NS CARSON,
MAGGARD
ABS SULLIVAN
'94
Bakersfield, California October 22, 2003 - Page 8
HEARINGS
Reopen and continue public hearing to Council meeting of
November 5, 2003 to receive testimony 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 Fairfax Road for a buffer zone for the
Old Bakersfield Sanitary Landfill. (Code of Civil Procedure
Section 1245.230, et seq.)
This item has been withdrawn due to a tentative agreement
with the property owner.
Supplemental Law Enforcement Services Funding (SLESF)
in the amount of $397,434.00:
Public Hearing to consider SLESF proposed
expenditures per Government Code Section 30061
(Law Enforcement Services).
Appropriate $307,434.00 to the SLESF Police
Department Operating Budget and
appropriate/transfer $90,000.00 to the Equipment
Management Fund.
Staff comments by Captain Brown.
Hearing opened at 7:58 p.m.
No one spoke.
Hearing closed at 7:58 p.m.
Motion by Councilmember Couch to adopt the item.
ACTION TAKEN
APPROVED
Bakersfield, California October 22, 2003 - Page 9
HEARINGS continued
c. Bureau of Justice Assistance (BJA) Local Law Enforcement
Block (LLEBG) Grant Funds in the amount $134,276.00:
1. Public Hearing to consider proposed LLEBG
expenditures.
2. Appropriate $134,276.00 LLEBG to the General fund
Police Department Operating Budget.
Staff comments by Captain Brown.
Hearing opened at 7:59 p.m.
No one spoke.
Hearing closed at 7:59 p.m.
Motion by Councilmember Couch to adopt the item.
Recess taken from 8:00 to 8:07 p.m.
d. Public Hearing to consider upholding the decision of the
Planning Commission approving the Negative Declaration and
Tentative Parcel Map 11010, located on the north side of
Hageman Road, between Landco Drive and Knudsen Drive,
and denying the appeal by Mclntosh and Associates.
Public Works director made comments and stated for the
record:
· The City will accompany the appellant to Caltrans and
present his request for a design exception to allow
Landco to remain exactly as is.
· Prior to the recordation of Phase II the Parcel Map will
reflect the most recently adopted alignment of Landco
Drive.
ACTION TAKEN
APPROVED
RES 188-03
Assistant Director of Public Works LaRochelle made a
presentation.
Hearing opened at 8:23 p.m.
Roger Mclntosh, Mclntosh and Associates, on behalf of Olive-
Landco Associates and MIG LLC, provided handouts and
spoke in opposition to the staff recommendation.
Kyle Carter spoke in favor of the staff recommendation.
Bakersfield, California October 22, 2003 - Page 10
HEARINGS continued
item 8.d. continued
Hearing closed at 8:41 p.m.
Councilmember Couch stated for the record:
The City will accompany the appellant to Caltrans and
present his request for a design exception to allow
Landco to remain exactly as is.
Prior to the recordation of Phase II the Parcel Map will
reflect the most recently adopted alignment of Landco
Drive.
Motion by Councilmember Couch to uphold the Planning
Commission's decision approving the Negative Declaration and
Parcel Map 11010, and denying the appeal with the additional
requirement included.
Specific Parks and Trails Plan for Northeast Bakersfield and
amendment to the Bikeway Master Plan of the Circulation
Element of the General Plan No. P03-0761.
Resolution adopting the Specific Parks and Trails Plan
for Northeast Bakersfield.
Resolution adopting amendment to the Circulation
Element of the Metropolitan Bakersfield General Plan
- Bikeway Master Plan.
Staff comments by Development Services Director Hardisty.
Overview of Specific Parks and Trails Plan by Jim Movius,
Principal Planner.
Hearing opened at 9:07 p.m.
Marci Cunningham, Rich O'Neil representing the Kern River
Parkway Committee, Gordon Nipp and Harry Love on the
behalf of the Sierra Club, John Fritchy member of the
Bakersfield free flight community, Darrin Harshman, Aaron
Chambers, Dave Dmohowski Project Design Consultants
representing Patricia Bernal and the Noriega Family, and Dick
Taylor with the California Off-Road Vehicle Association and
the Kern Off-Road Vehicle Association, spoke in favor of the
issue.
ACTION TAKEN
APPROVED
RES 189-03
RES 190-03
No one spoke in opposition.
10.
11.
12.
13.
Bakersfield, California October 22, 2003 - Page 11
HEARINGS continued
item 8.e continued
Hearing closed at 9:22 p.m.
Councilmember Maggard thanked staff and community
members for their support of the plan.
Motion by Councilmember Maggard to adopt Resolution and the
amended Parks and Trails Plan.
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested the Legislation and
Litigation Committee calendar the issue of 'kegger' parties; that
Trudy Slater contact her regarding scheduling; staff to contact
the most recent concerned citizen with the information as well
as the original citizen who brought the issue to attention.
Councilmember Hanson requested staff contact Father Jim
LaFosse of Garces and Inform him of schedules, fee schedules
and Director of Operations information for the Aquatics Center.
Councilmember Hanson requested staff respond to Peter
Mosesian regarding purported overcharges for a refuse bin.
Councilmember Hanson requested staff report to Council
regarding noise at Mesa Marin.
Councilmember Salvaggio requested staff address the use of
vacant property at the site of the old Grand Canal project, and
the property adjacent to the south, being used for various
recreational vehicles and the resultant dust diminishing the
quality of life for the surrounding neighborhoods.
ACTION TAKEN
APPROVED
98
14.
14.
Bakersfield, California October 22, 2003 - Page 12
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Sullivan requested appropriate staff meet with
her and concerned citizens at the northeast corner of the
intersection of Hosking and Leprechaun at 3:00 p.m. on Friday
afternoon, to discuss the installation of the proposed traffic
worm and the effect it will have on neighborhood access to the
south.
Councilmember Maggard requested information regarding the
widening and installation of curbs on the bike path.
Councilmember Maggard thanked City Attorney Thiltgen for his
service to the City.
Councilmember Carson requested staff address the condition
of the road surface on Reel Rd. between California Ave. and
Stockdale Hwy.
Councilmember Couch requested staff trim trees from the
walkway in the square loop along Ming Ave., Buena Vista Rd.,
Chambers and Grand Lakes.
Councilmember Couch thanked City Attorney Thiltgen for his
service to the City.
Councilmember welcomed the new City Attorney, Ginny Gennaro.
Mayor Hall expressed appreciation to Councilmembers for
hospitality extended to the Sister City delegation from Wakayama
last week.
ADJOURNMENT
Mayor Hall adjourned the meeting at 9:55 p.m.
MAYOR-~,
ACTION TAKEN
ATTEST:
CITY CLERK and Ex Officio ClerK/of the
City of Bakersfield, California