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Home My WebLink About02/28/01 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 28, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard (seated 5:16 p.m.), Couch, Hanson, Sullivan (seated 5;19 p.m.) None ACTION TAKEN 2. WORKSHOP a. Status Report of the Kern County Airport Terminal Ray Bishop, Director of Airports, gave a brief update and introduced Ron Price, Architect from Odella & Associates who provided additional information. Establish Goals and Objectives and Develop Action Statements for the City of Bakersfield. 1. Goal #4: Plan for Growth and Development 2. Goal #5: Maintain and Upgrade the City's Quality of Life City Manager Tandy provided information. Council and Staff discussion followed, with discussion on Goal #5 continued to the next meeting. CLOSED SESSION Public Employee Performance Evaluation - City Manager; Closed session pursuant to Subdivision (a) of Government Code Section 54957 NAT Motion by Salvaggio to recess from Closed Session at 5:58 p.m. APPROVED Bakersfield, California, February 28, 2001 - Page 2 REGULAR MEETING 1. INVOCATION by Monsignor Michael Braun of Our Lady of Perpetual Help. PLEDGE OF ALLEGIANCE by Michael Dunn, Boy Scout Troop 712 ROLLCALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan None ACTION TAKEN CLOSED SESSION ACTION Mayor Hall announced if time allows, Council will recess back to Closed Session after the regular meeting. Ctosed Session continued on page 14. PRESENTATIONS Mayor Hall presented a Proclamation to Marion Collins, Mesa Marin Raceway, proclaiming March 15-18, 2001 as "NASCAR Craftsman Truck Series Weekend". PUBLIC STATEMENTS a. The following individuals spoke regarding annexations: Becky Kaiser and Barbara Fowler. b. Renee Nelson spoke regarding Redevelopment. c. Denny Haynes spoke regarding the City Center Project. d. The following individuals spoke regarding Kern Bluffs/Hang Glider Hill: Darrell Blaylock; Wayne Gallagher; John Fritsche; Clinton Whitehouse; Dick Taylor; and Kris Knight. Bakersfield, California, February 28, 2001 - Page 3 APPOINTMENTS Four appointments to the Keep Bakersfield Beautiful Committee. Motion by Salvaggio to appoint Dana C. Karcher (Ward 2), Michael G. Ming (Ward 5), Keith Stoller (Ward 1) and John Enriquez (Ward 6) to the Keep Bakersfield Beautiful Committee. ACTION TAKEN APPROVED CONSENT CALENDAR Minutes: Special Meeting of February 11, 2001 and Regular Council Meeting of February 14, 2001. Payments: Payments from February 02,2001 to February 15, 2001 in the amount of $6,265,948.10; and Self Insurance payments from February 02, 2001 to February 15, 2001 in the amount of $125,162.38. Ordinances: Ordinance amending Sections of Chapter 17.52 and 17.54 of Title 17 (Zoning Ordinance) of the Bakersfield Municipal Code related to utilization of the PCD (Planned Commercial Development) zone as combined zones. Resolutions: Resolution of Intention No. 1234 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area, District No. 2, Division 27 (Stockdale). (Wards 2, 5) Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers in the Finance Department, pursuant to Section 34090 et seq. of the Government Code. REFERRED TO URBAN DEVELOPMENT COMMITTEE ROI 1234 RES 024-01 Bakersfield, California, February 28, 2001 - Page 4 CONSENT CALENDAR continued Resolution adding territory, Area 4-19 (Alfred Harrell, 178) 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 3) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 418, located at the southwest corner of Meacham Road and Calloway Drive. (Ward 4) Resolution requesting an extension of time for the Southeast Metropolitan Bakersfield Enterprise Zone. (Wards 1,2) Resolution in support of pursuit of the development of a Kern Bluffs Corridor Open Space Plan. (Ward 3) j. Memorandum of Understanding - Fire Department Resolution approving a Memorandum of Understanding for the employees of the Firefighters and Engineers Unit of the Fire Department of the City of Bakersfield, for salaries and related benefits, and adopting salary schedule. Resolution approving a Memorandum of Understanding for the employees of the Fire Supervisory Unit of the Fire Department of the City of Bakersfield, for salaries and related benefits, and adopting salary schedule. Revised Job Specification, Title Change, Reclassification and Change to Salary Schedule Amendment No. 8 to Resolution No. 66-99 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Park Maintainer II, Park Maintainer III and Park Services Coordinator. ACTION TAKEN RES 025-01 RES 026.01 RES 027-01 REMOVED FOR SEPARATE CONSIDERATION RES 029-01 AGR 0'1-046 RES 030-01 AGR 0'1-047 RES 66-oo(a) Bakersfield, California, February 28, 2001 - Page 5 CONSENT CALENDAR continued Reclassification of Park Maintainer II to Park Maintainer III Revised job Specification & Title Change: Park Maintainer III to Park Services Coordinator. Revised Job Specification - Building Permit Technician Amendment No. I to Resolution No. 76-00 approving and adopting the City of Bakersfield Operating and Capital Improvement Budgets for Fiscal Year 2000-01 to incorporate previous budget actions approved by the City Council. Agreements: n. Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 5848, Phase I, located south of Campus Park Drive, east of Old River Road. (Ward 6) Final Map and Improvement Agreements with Riverlakes Ranch Land Development Company, LLC for Tract 5961, located west of Riverlakes Drive, south of Olive Drive. (Ward 4) Consultant's Agreement with RBF Consulting, $119,090 for environmental analysis of the proposed interchange on SR178 at Fairfax Road. (Ward 3) License Agreement with Kern County Water Agency for constructing and maintaining six (6) recovery well turn-in structures and pipelines to the City-owned Kern River Canal located approximately 2.5 miles west of Buena Vista Road. ACTION TAKEN REFERRED TO BUDGET AND FINANCE COMMITTEE AGR 01-048 AGR 01-049 AGR 01-050 AGR 01-051 AGR 01-052 .52 Bakersfield, California, February 28, 2001 - Page 6 CONSENT CALENDAR continued q. City Center Project: (Wards 1,2) Agreement with Orrick, Herrington & Sutcliffe, LLP, for bond counsel services for the Multi-Use Stadium Certificates of Participation not to exceed $27,500. Agreement with Cox, Castle & Nicholson, LLP, for disclosure counsel services for Multi-Use Stadium Certificates of Participation not to exceed $30,000. Agreement with Kutak Rock, LLP, for special tax counsel services for Multi-Use Stadium Certificates of Participation, not to exceed $27,500. Memorandum of Understanding between the City of Bakersfield, County of Kern, Kern Council of Governments and Kern County Superintendent of Schools regarding creation of an Internet Portal. Amendment No. 1 to Agreement No. 00-167 for acquisition and development of Joshua McMorris Memorial Park to accept additional property for the cul-de-sac. (Ward 2) t. City Attorney Contract: Amendment No. 2 to Agreement No. 98- 300 for City Attorney salary increase. Amendment No. 12 to Resolution No. 108- 99 setting Salaries and related benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting Salary Schedule and related benefits for the City Attorney. Contract Change Order No. 1 to Contract No. 00- 227 with Farm Pump & Irrigation Co., Inc., $32,896.30, for drilling, casing, and pump testing two (2) gravel envelope water wells at Stations CBK 41 and L-208 for the Water Resources Department. (Ward 4) ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION AGR 0'1-056 ABS MAGGARD AGR 00-167('1) AGR 98-300(2) RES I08-99(12) Bakersfield, California, February 28, 2001 - Page ? CONSENT CALENDAR continued Bids: Accept bid from Henberger Traffic Company $81,789.73, for Opticom traffic signal equipment. Accept bid to award Annual Contract to Jim AIfter, Cement Contractor, not to $52,400 for canal liner repair. Accept bid from Western Pacific Signal, $582,469.48 for Light Emitting Diode traffic signal lamps. Miscellaneous: y. Audit Reports Acceptance of Independent Auditor's Report on compliance with contractual requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2000. Acceptance of 1999-00 Transportation Development Act Funds Financial Statement. z. Audit Reports Independent Auditors Report, Single Audit Report, Schedule of Federal Expenditures for the City of Bakersfield for the Fiscal Year ended June 30, 2000. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the Fiscal Year ended June 30, 2000. Maggard announced conflict of interest on Consent Calendar Item r. due to potential source of income. Motion by Salvaggio to adopt Consent Calendar Items a. through z., with separate considerations of Items L and q. ACTION TAKEN CON 01-057 REFERRED TO BUDGET AND FINANCE COMMITTEE APPROVED Bakersfield, California, February 28, 2001 - Page 8 CONSENT CALENDAR continued q. City Center Project: (Wards 1,2) Agreement with Orrick, Herrington & Sutcliffe, LLP, for bond counsel services for the Multi-Use Stadium Certificates of Participation not to exceed $27,500. Agreement with Cox, Castle & Nicholson, LLP, for disclosure counsel services for Multi-Use Stadium Certificates of Participation not to exceed $30,000. Agreement with Kutak Rock, LLP, for special tax counsel services for Multi-Use Stadium Certificates of Participation, not to exceed $27,500. Motion by Carson to approve Consent Calendar Item q. Resolution in support of pursuit of the development of a Kern Bluffs Corridor Open Space Plan. (Ward 3) Development Services Director Hardisty suggested adding the following to clarify the resolution: There is wide variety of open space uses in the bluffs in the hills in Northeast Bakersfield including hiking, bird watching, horse back riding, bicycling, hang gliding, motorcycling riding and other pursuits, also include Off Road Vehicles The City Council supports an open and all inclusive planning process. It's support to the efforts of the Kern Bluffs Citizens Coalition add: and the many other residents who have interest in the future of the Northeast to pursue public and private assistance in the development of the Kern Bluffs Corridor Open Space Plan. Maggard stated for the record that it's everyone's understanding it does not serve to preclude any other uses as long as they are in conformity with what the Land Use document indicates would be appropriate. Motion by Maggard to adopt Consent Calendar Item £ as amended. Maggard referred to the Budget & Finance Committee for review of a proposed $200,000 mid-year expenditure to fund the Kern Bluff Plan. ACTION TAKEN AGR 01-053 AGR 01-054 AGR 01-055 APPROVED RES 028-01 APPROVED 9. HEARINGS 10. Bakersfield, California, February 28, 2001 - Page 9 Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. ACTION TAKEN RES 031-01 Hearing opened at 8:10 p.m. No one spoke at hearing. Hearing close at 8:10 p.m. Motion by Salvaggio to adopt the Resolution. REPORTS APPROVED a. City Center - Update and Guidance to Staff City Manager Tandy provided a general update and written material and introduced Doug Houstan of George K. Baum & Company, Investment Bankers, who provided additional information and answered questions. City Manager Tandy introduced Larry Klineman of Urwin Seating Company, who displayed stadium seats. Mayor Hall recessed the meeting at 8:51 p.m. and reconvened at 9:08. Motion by Salvaggio to approve additional steps proposed with the exception of No. 6 Benham announced she will be hosting a Town Hall meeting on Thursday, March 8, 2001 at the Bakersfield City Schools, 6-9 p.m., Spanish translation will be available. NAT Council discussed additional Town Hall meetings on 3/13/01 and 3/21/01 and requested staff to see if Liberty High School would be available the evening of 3/13/01. Sullivan requested staff advertise the public meeting dates. Motion by Benham to appoint Rich OWeill (Tree/Landscape Expert), Jim Marino (Local Engineer) Don Hoggatt (Landscape Architect), David Milazzo (Local Architect), and Charles Meyer (Arts), to the Architectural Advisory Committee and to proceed with the proposed schedule. APPROVED Bakersfield, California, February 28, 2001 - Page 10 10. REPORTS continued ACTION TAKEN Maggard requested staff provide a plan of action regarding crime; the number of seats in place at the stadium; also information regarding the use of local labor. Presentation by City Attorney Bart Thiltgen concerning Government Code Section 1090 and FPPC Regulations - 2001 Update Information. City Attorney Thiltgen gave a computer presentation and answered questions. NAT City Manager Report No. 2-01 regarding the Wastewater Division's proposed Revenue Program Guide. Interim Public Works Director Jacques R. LaRochelle introduced Brad Underwood, Public Works Operations Manager, who gave a computer presentation and provided written material. NAT 11. DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-35 from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 4.8 acres located adjacent on the east side of Stine Road, south of Hosking Avenue. (ZC P00-0691 ) (First reading 2/14/01) (Ward 6) Motion by Sullivan to adopt the ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-22 by changing the zoning from R-1 (One Family Dwelling) and R-3 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial), for property located between State Route 178, Bernard Street, East Hills Mall and Mt. Vernon Avenue in northeast Bakersfield. (ZC P00-0744) (First reading 2/14/01) (Ward 3) ORD 3997 APPROVED ORD 3998 Motion by Maggard to adopt the ordinance. APPROVED 11. Bakersfield, California, February 28, 2001 - Page 11 DEFERRED BUSINESS continued c. Appropriate $30,000 in General Fund Balance to the Development Services Operating Budget to conduct the Downtown Charrette. (Ward 2) Motion by Benham to approve. ACTION TAKEN APPROVED 12. NEW BUSINESS a. Ordinance amending Section 1.12.040 Bakersfield FR Municipal Code by adding Annexation No. 414 to Ward 4, located along the north side of Brimhall Road between Jenkins Road and Allen Road. (Ward 4) Resolution making findings and certifying that the Final EIR has been completed in compliance with CEQA, the State EIR Guidelines and the City of Bakersfield CEQA Implementation Procedures regarding the Gateway Shopping Center generally located between Highway 99, South H Street, the Arvin-Edison Canal and Berkshire Road alignment. (ZC #P00-0419). (Ward 7) Motion by Salvaggio to adopt. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-25 by changing the zoning of 64 acres located between SR 99, Arvin-Edison Canal, South H Street and Berkshire Road alignment from a PCD (Planned Commercial Development) Zone to a C-2 (Regional Commercial) Zone for the Gateway Shopping Center. (P00-0419)(Ward 7) RES 032-0f APPROVED FR 13. COUNCIL & MAYOR STATEMENTS Maggard requested Fire Chief Fraze assist with the installation of fire hydrants and running water to the homes in the area of Paladino, Pitts and Cosmo Streets that currently do not have water going to their homes. Maggard requested staff provide a Thank You letter from the entire Council, or from him, to the Expert Oversight Committee for their participation. 13. Bakersfield, California, February 28, 2001 - Page 12 COUNCIL & MAYOR STATEMENTS continued ACTION TAKEN Maggard requested staff review the utility crisis issue and the possibility of taking over transmission lines, building a power plant and control usage, and requested a written response for Council and public discussion at a later date. Couch requested Fire Chief Fraze provide clarification ora new unfunded State mandated fee to dentists regarding hazardous waste caused from x-ray solution. Couch expressed support for the "Thank You" letter to the Oversight Committee. Couch addressed remarks made in the community. Benham expressed support for the "Thank You" letter to the Oversight Committee. Benham thanked the following: Code Enforcement staff, Randy Fidler, Kevin Barns, and Councilmember Carson for their assistance in the clean up of Mr. and Mrs. Walters property; Stan Ford for handling a problem at Beach Park skating area; Kevin Barnes for his assistance at Pyrenees Bakery; Jack LaRochelle for his ongoing efforts explaining traffic issues to the Westchester Neighborhood Association. Benham referred to Public Works the issue of the left turn signal request on northbound F at 24th and requested a report back. Benham referred to staff the issue of a fence blocking the visibility of motorist at the intersection at Bank Street and Oak. Benham referred to Community Services Committee consideration of a possible pilot program using the mobile recreation unit at Stella Hills School. Benham referred to Recreation and Parks the issue of surveying potential park sites near 3,¢h Street area. Hanson expressed support for the "Thank You" letter to the Oversight Committee. Hanson wished City Manager Tandy and Councilmember Sullivan best wishes for a good trip to Mongolia. 13. Bakersfield, California, February 28, 2001 - Page 13 COUNCIL & MAYOR STATEMENTS continued ACTION TAKEN Carson referred to Kevin Barns this issue of curbside recycling and asked that he contact a resident on 2624 San Emidio. Carson made comments regarding an upcoming bone marrow drive. Carson expressed support for the "Thank You" letter to the Oversight Committee and Redevelopment Agency Member Shirlyn Davenport. Sullivan suggested the Closed Session item be continue the to next meeting. Salvaggio suggested the "Thank You" letter to the Oversight Committee come from the Council and Mayor. Salvaggio requested City Manager Tandy provide Council with a brief memo responding to a letter to the Editor regarding "unfulfilled promises with respect to the skateboard park at Beach Park, no drinking fountain, etc." Salvaggio requested Development Services Director Hardisty continue working on the letter regarding the issue of assisting a resident on Akers Road with a drainage problem in return for a right to an easement. Salvaggio thanked the Police Department for their commercial vehicle enforcement efforts on Los Carneros. Salvaggio requested a status report from the Streets Department regarding a drainage problem on Dolfield. Salvaggio thanked the Water Department for cleaning the sump. Salvaggio thanked the Fire Department Station 1 for a field trip he and students will be attending next week. Mayor Hall recognized Council's acknowledgment of staff's hard work and community service. Mayor Hall wished Councilmember Benham and her husband good luck at their reading/acting debut on Saturday. Motion by Salvaggio to recess back to Closed Session at 10:27 p.m. Bakersfield, California, February 28, 2001 - Page 14 CLOSED SESSION continued Public Employee Performance Evaluation - City Manager; Closed session pursuant to Subdivision (a) of Government Code Section 54957 Motion by Salvaggio to adjourn from Closed Session at 11:04 p.m. ACTION TAKEN NAT APPROVED Mayor Hall announced there was no reportable action and Closed Session Item a. has been continued to March 14, 200'/. 14. ADJOURNMENT Motion by Salvaggio to ~djqurn at 11:~p.m./ MAYOR If the ~it~r~f Bak~rsfiel~CA / ATTEST: CITY CLERK and Ex Officio ~erk of the Council of the City of Bakersfield APPROVED