HomeMy WebLinkAbout04/25/01 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 25, 2001
Council Chambers, City Hall, 1501 Truxtun Avenue
Pro-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
lO1
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham,
Maggard, Couch, Hanson, Sullivan
None
ACTION TAKEN
2. WORKSHOP
Status of the Station Siting Study for High Speed
Rail.
Jack LaRochelle, Interim Public Works Director
introduced Dale Hawley, Kern Transportation
Foundation, who gave a presentation and
provided written material.
Salvaggio directed staff prepare a letter of
support to the Rail Authority and requested
staff attend the scoping meeting.
Status of the Bakersfield Systems Study currently
being developed by URS Greiner Woodward
Clyde, a Division of URS Corporation and
comments by Westchester Citizens.
Jack LaRochelle, Interim Public Works Director
introduced Jeff Chapman, URS Corp. who gave a
presentation and provided written material.
Motion by Salvaggio to recess to Closed Session at
5:46 p.m.
CLOSED SESSION
Conference with Legal Counsel - Potential
Litigation; Initiation of litigation pursuant to
Subdivision (c) of Government Code Section
54956.9. Four (4) potential cases.
APPROVED
102
Bakersfield, California, April 25, 2001 - Page 2
3. CLOSED SESSION continued
Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to Subdivision
(a) of Government Code Section 54947.
Motion by Salvaggio to adjourn from Closed Session
at 6:57 p.m.
REGULAR MEETING
INVOCATION by Rev. Paul Toliver, St. John Baptist
Church
PLEDGE OF ALLEGIANCE by Renee Taylor, Student Body
President at Ollivers Middle School
3. ROLL CALL
Present: Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham,
Maggard, Couch, Hanson, Sullivan
Absent: None
4. CLOSED SESSION ACTION
Mayor Hall announced there was no action taken on
Closed Session Item a.; Item b. City attorney evaluation
has been concluded.
5. PRESENTATIONS
Mayor Hall presented a Proclamation to Jamie
Thornberry, President of the local chapter of the
Freedoms Foundation, proclaiming April 25, 2001
as "Freedoms Foundation Day". Jenny Hollands,
Ridgeview High School and Ray Crosby, Highland
High School shared their Freedoms Foundation
experiences.
Mayor Hall presented a Proclamation to Bruce M.
Biggar, President of the American Institute of
Architects Golden Empire Chapter, proclaiming
April 22-28, 2001 as "Architecture Week". Mr.
Biggar accepted the proclamation and submitted
written material.
Mayor Hall presented a Proclamation to Rhonda
Smiley, of the Public Employees Roundtable of
Kern, proclaiming May 5-7, 2001 as ~Public
Employees Recognition Week".
ACTION TAKEN
EVALUATION
COMPLETED
APPROVED
Bakersfield, California, April 25, 2001 - Page 3
PRESENTATIONS continued
d. Mayor Hall presented Certificates of Recognition
to the graduates of the Girls After School
Academy.
ACTION TAKEN
PUBLIC STATEMENTS
The following individuals from the Mayor's Youth
Advisory Council spoke regarding the issues of
importance to youth in the community: Jon Eric
Schmidt, Bakersfield Christian H.S.; Joseph Klm,
South High School; and Sara Swartz, East
Bakersfield High School.
Jim Foss, introduced new General Manager of
Bakersfield Blitz Arena Football team, Bred
Hoffman, who provided hats and shirts to the
Council.
Burton EIlison spoke regarding the Bakersfield
Freeway Systems Study.
Benham requested staff provide a letter
opposing the Westpark alignment and include
the previous resolution to Kern COG.
Carson requested the letter also be sent to Cai
Trans.
James Tyson, Ebony Counseling Center Youth
Progrems, spoke regarding youth progrems and
requested a Proclamation declaring the week of
May 7-11, 2001 as "Male Responsibility and Girl
Power Week".
Carson recognized members of the Youth
Program.
DeVictor Mason, spoke regarding Kern County
Public Access TV.
Wade Tavorn spoke regarding Bakersfield Little
League.
The following individuals spoke regarding
annexation: Becky Kaiser; Barbare Fowler; and
Barbara Fields.
h. Bob Sherry spoke regarding Palm Olive
Annexation.
104
Bakersfield, California, April 25, 2001 - Page 4
APPOINTMENTS
Tree Advisory Ad Hoc Committee Appointment
Recommendations.
Motion by Salvaggio to appoint Ralph Adame,
ASIA, Landscape Architect and Judy Miller,
Real Estate Agent for appointment to the
Metropolitan Bakersfield Tree Advisory Ad
Hoc Committee.
Two appointments by Wards 3 & 5, to the
Planning Commission, terms expired April 17,
2001.
Motion by Maggard to appoint David S. Gay,
Ward 3, to the Planning Commission, term
expiring April f7, 2005.
Motion by Hanson to appoint Stephen Wages,
Ward 5, to the Planning Commission, term
expiring April ~7, 2005.
One appointment to the Bakersfield
Redevelopment Agency, term expired April 22,
2001.
Mayor Hall requested reappointment of Gil
Anthony.
Motion by Salvaggio to confirm Mayor's
appointment of Gil Anthony to the Bakersfield
Redevelopment Agency, term expiring, April
22, 2005.
Two appointments to the Historic Preservation
Commission, terms expired March 30, 2001.
Motion by Carson to reappoint Ann Sullivan to
the Historic Preservation Commission, term
expiring March 30, 2005.
Mayor Hall requested appointment of Anthony
Noce.
Motion by Salvaggio to confirm Mayor's
appointment of Anthony Noce to the Historic
Preservation Commission, term expiring
March 30, 200.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
APPROVED
APPROVED
APPROVED
Bakersfield, California, April 25, 2001 - Page 5 '~ ~ -~
CONSENT CALENDAR
Minutes:
a. April 11, 2001 Council Meeting.
Payments:
Payments from March 30, to April 12, 2001 in the
amount of $5,990,405.32; and Self Insurance
payments from March 30, to April 12, 2001 in the
amount of $62,485.54.
Ordinances:
Amendment No. 2 to Contract No. 97-39 with the
Public Employees' Retirement System (PERS)
Ordinance authorizing an Amendment to
the Contract with the Board of
Administration of the Public Employees'
Retirement System to provide Section
21362.2 (3% @ 50 Full Formula) for local
fire members only. (First reading 3/28/01)
Agreement with the Public Employees'
Retirement System (PERS) to provide
Section 21362.2 (3% @ 50 Full) to local
fire members.
Referral of a proposed amendment to the text of
the zoning Ordinance regarding landscaping
standards (Chapter 17.61) from the Urban
Development Committee to the Planning
Commission.
Resolutions:
Resolution of Intention No. 1237 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 28 (California & R). (Wards
1,2)
Resolution of Intention No. 1239 adding territory,
Area 1-22 (Commerce, Truxtun) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5)
ACTION TAKEN
ORD 4003
AGR 97-39(2)
REMOVED FOR
SEPARATE
CONSIDERATION
ROI 1237
ROI 1239
Bakersfield, California, April 25, 2001 - Page 6
CONSENT CALENDAR continued
Assessment District No. 01-1, (Ming at
Allen/Mountain Vista Drive/Hampton Place).(Ward
4)
Resolution preliminarily approving
Engineer's Report, setting date for public
hearing of protests.
Resolution approving form and substance
of Acquisition and Disclosure Agreements
and authorizing changes thereto and
execution thereof.
ACTION TAKEN
RES 050-01
RES 051-01
AGR 01-098
AGR 01-099
AGR 01-I00
Resolution appropriating $20,211 (Asset
Forfeiture Funds) to the Police Department
Operating Budget in the General Fund for the
purchase of two police service dogs, their training,
necessary kennel facilities, and equipment.
Award Contract to Dog Training Center of
California, Inc., in the amount of $17,811
for the purchase of two police dogs and
training.
Change to Salary Schedule, Revised Job
Specification and Title Change:
Amendment No. 10 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
Solid Waste Equipment Operator.
Revised Job Specifications: Sanitation
Worker Ill.
Title Change: Sanitation Worker III to
Solid Waste Equipment Operator.
Agreements:
Tract Maps/Improvement Agreements:
Improvement Agreement with Imperial
Industrial Group, LTD for Parcel Map
10719, located south of White Lane, west
of Mexicali Drive. (Ward 6)
RES 052-01
CON 01-I01
RES 66-99(10)
AGR 01-102
Bakersfield, California, April 25, 2001 - Page 7
CONSENT CALENDAR continued
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5882, Phase 4B, located south of
Brimhall Road, east of Old Farm Road.
(Ward 4)
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5882, Phase 5B, located south of
Brimhall Road, east of Old Farm Road.
(Ward 4)
Final Map and Improvement Agreements
with Communities At River Oak, LLC for
Tract 5957, Unit 2, located north of River
Run Boulevard, east of Buena Vista Road.
Agreement with Mogavero Notestine Association
for conducting the Downtown Charrette, not to
exceed $50,000. (Ward 2)
Agreement with Bakersfield Little League, a tax
exempt, nonprofit educational organization, to
purchase one surplus riding mower from the City
for $1.00.
Bids:
Award Contract to Don Kinzel Construction,
$36,559 for Dr. Martin Luther King, Jr. Center
Exterior Restoration Project. (Ward 1)
Accept bid to award contract for Base Bid only to
Shawn Davis Backhoe Construction in the amount
of $40,403.50 for the Wible Road Storm Drain
Improvements - Planz Road to State Route 99
bridge crossing. (Ward 6)
Accept bid from R & M Enterprises, Inc.,
$32,891.80 for ten Panasonic computers.
Miscellaneous:
Approval of the FY 2001/02 Annual Action Plan of
the Consolidated Plan 2005 (CDBG, HOME, and
ESG).
Motion by Salvaggio to adopt Consent
Calendar Items a. through p. with separate
consideration of Item d.
ACTION TAKEN
AGR 01-103
AGR 01-104
AGR 01-105
AGR 01-106
AGR 01-107
AGR 01-108
CON 01-109
CON 01-110
APPROVED
107
i08
Bakersfield, California, April 25, 2001 - Page 8
CONSENT CALENDAR continued
Referral of a proposed amendment to the text of
the zoning Ordinance regarding landscaping
standards (Chapter 17.61) from the Urban
Development Committee to the Planning
Commission.
Maggard requested Mr. Graham work with the
Planning Commission to come up with a way
to have a 40% shade canape and determine if
it's better to specify that in the ordinance or in
resolution form. Also, to specify very clearly
in the ordinance how they would accomplish
that.
Couch requested staff provide to Council a
transcript of the hearing when the ordinance
regarding tree landscaping goes before the
Planning Commission.
Motion by Benham to refer Consent Calendar
Item d. to the Planning Commission.
HEARINGS
Resolution confirming 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. (Wards 1,2,3,6)
Development Services Director Hardisty gave
brief update.
Hearing opened at 8:38 p.m.
No one spoke at the hearing.
Headng closed at 8.38 p.m.
Motion by Carson to adopt the resolution.
Resolution recommending to the Board of
Supervisors an amendment to the Kern River Plan
Element of the Metropolitan Bakersfield 2010
General Plan from R-MP (Resource-Mineral
Petroleum) to LI (Light Industrial) on 1.44 acres
located east of Manor Street to Angus Lane, north
of Roberts Lane in the unincorporated County
area.
ACTION TAKEN
APPROVED
RES 053.01
APPROVED
RES 054-01
Bakersfield, California, April 25, 2001 - Page 9
HEARINGS continued
b. Development Services Director Hardisty gave a
brief update.
Hearing opened at 8:40 p.m.
No one spoke at hearing.
Hearing closed at 8:41 p.m.
Motion by Salvaggio to adopt the resolution.
ACTION TAKEN
APPROVED
General Plan Amendment Case No. P01-0014
Castle and Cooke California, Inc. requests to
amend the Metropolitan Bakersfield 2010 General
Plan Land Use Element from Open Space-Parks
to Low Density Residential on 4.20 acres and from
Low Medium Density Residential to Open Space-
Parks on 2.38 acres located along the north side
of White Lane to approximately 1,500 feet north of
Ming Avenue, between Buena Vista Road and
Allen Road. (Ward 4)
Agreement with Castle & Cooke California,
Inc. to exchange real property.
Development Services Director Hardisty gave a
brief update.
Hearing opened at 8:43 p.m.
No one spoke at hearing.
Hearing closed at 8:43 p.m.
Motion by Couch to adopt the resolution and
approve the agreement.
RES 055-01
AGR Of-lll
APPROVED
109
110
Bakersfield, California, April 25, 2001 - Page 10
HEARINGS continued
General Plan Amendment/Riverlakes Ranch
Specific Plan Amendment/Zone Change P00-
0982. (Ward 4)
Pinnacle Engineering has requested amendments
to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan, the Riverlakes
Ranch Specific Plan and a Zone Change on three
sites totaling approximately two acres located
along the north side of the eleventh link, the south
side of the twelfth link and the north side of the
thirteenth link of the Riverlakes Ranch golf course.
Resolution adopting the General Plan
Amendment changing the Land Use
designation from OS-P (Open Space and
Recreational Facilities) to SR (Suburban
Residential).
Resolution adopting the Specific Plan
Amendment changing the specific plan
designation from OS-P (Open Space and
Recreational Facilities) to SR (Suburban
Residential).
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-08 from OS (Open Space) to
R-1 (One-Family Dwelling).
Development Services Director Hardisty gave a
brief update.
Hearing opened at 8:46 p.m.
Trent Miller, Pinnacle Engineering, spoke in
support of staff recommendation.
Hearing closed at 8:47 p.m.
Motion by Couch to adopt the resolutions
approving the Notice of Exemption, the
General Plan Amendment, Specific Plan
Amendment and first reading of the ordinance.
ACTION TAKEN
RES 056-0'1
RES 057-01
FR
APPROVED
Bakersfield, California, April 25, 2001 - Page 11
HEARINGS continued
General Plan Amendment/Riverlakes Ranch
Specific Plan Amendment/Zone Change P00-
0983. (Ward 4)
Coleman Homes has requested amendments to
the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan, the Riverlakes
Ranch Specific Plan and a Zone Change on two
sites totaling 1.79 acres, located along the south
side of the eleventh link and the north side of the
twelfth link of the Riverlakes Ranch golf course.
Resolution adopting the General Plan
Amendment changing the land use
designation from OS-P (Open Space and
Recreational Facilities) to LR (Low Density
Residential).
Resolution adopting the Specific Plan
Amendment changing the specific plan
designation from OS-P (Open Space and
Recreational Facilities) to LR (Low Density
Residential).
Ordinance amending Title 17 of the
Municipal Code and Zoning Map No. 102-
08 from OS (Open Space) to R-1 (One-
Family Dwelling).
Development Services Director Hardisty gave a
brief update.
Hearing opened at 8:48 p.m.
No one spoke at hearing.
Hearing closed at 8:49 p.m.
Motion by Couch to adopt the resolution
approving the Notice of Exemption and the
Genera/ Plan Amendment, Specific Plan
Amendment and first reading of the ordinance.
ACTION TAKEN
RES 058-01
RES 059-01
FR
APPROVED
111
Bakersfield, California, April 25, 2001 - Page 12
HEARINGS continued
f. Sewer User Charges:
Hearing to consider a resolution
establishing sewer service user charges
for Fiscal Year 2001-02 (proposed
revisions in sewer user charges).
Acceptance and approval of the City of
Bakersfield's Revenue Program for
Wastewater and Stormwater Facilities.
Interim Public Works Director LaRochelle gave a
brief update.
Hearing opened at 8:51 p.m.
Sharon Carlson spoke in opposition of staff
recommendation.
Hearing closed at 8:53 p.m.
Salvaggio requested staff respond to Mrs.
Carlson's concern regarding the assessment
amount and if they will take into consideration
a vacancy factor.
Mayor Hall recessed the meeting at 9:10 p.m. and
reconvened at 9:15
Motion by Salvaggio to adopt the resolution
and approve the Revenue Program subject to
the revisions by staff of the 5 year phase in,
rather than 3 years on hospitals and flat fees
Amended motion by Salvaggio to refer the
resolution and Revenue Program to the
Budget and Finance Committee for review and
report back on the May 16, 2001 Council
meeting.
ACTION TAKEN
NAT
APPROVED
10.
REPORTS
a. Water Board Report No. 1-01 regarding electrical
power referral by Councilmember Mike Maggard.
10.
Bakersfield, California, April 25, 2001 - Page 13
REPORTS continued
Gene Bogart, Water Resources Manager, gave a
computer presentation. Alan Whitten, Engineer,
gave a brief history overview of how we got into
the power business; Alan Daniel, Deputy City
Attorney gave a legal bdef overview of legal
parameters concerning power generation by a
charter city.
Maggard requested the electrical power issue
be discussed further at the next Council
meeting.
Motion by Salvaggio to accept report and
implement recommendations.
ACTION TAKEN
APPROVED
11.
DEFERRED BUSINESS
Ordinance amending Subsections 15.80.100(A)
and (B); Subsection 16.12.070(B); Subsection
16.16.010 (G); Subsection 16.16.020(A);
Subsection 16.16.030(F); Subsections
16.16.080(A) and (B); Subsection 16.16.080(E);
Subsection 16.16.080 (G); Subsections
16.20.110(A) and (B); Subsection 16.22.010 (B);
Subsection 16.24.090 (C.4); Subsection
16.32.080(E); Section 16.32,100; Adding Section
16.38; and amending Section 16.52. The
proposed amendments are the result of
recommendations from a development
streamlining task force final report. (First reading
4-11-O~)
Motion by Couch to adopt the ordinance.
ORD 4004
APPROVED
Approval of City Council Goals and Guiding
Principals for the City of Bakersfield.
Assistant City Manager Stinson gave a brief
update.
Benham requested an amendment to the
wording on Goal 6.3.b. be changed to
"Cultural Arts Center" and 6.3.c. be
"Performing Arts Center."
Motion by Salvaggio to approve as amended. APPROVED
114t
Bakersfield, California, April 25, 2001 - Page 14
12.
NEW BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 123-18 by
changing the zoning from an A (Agriculture) Zone
to an R-1 (One Family Dwelling) Zone on 10.07
acres located on the southeast corner of Campus
Park Drive and Mountain Vista Drive. (#P01-0007)
(Ward 4)
ACTION TAKEN
FR
13.
COUNCIL & MAYOR STATEMENTS
Maggard requested Water Resources Manager Gene
Bogart meet with him to discuss a request for
development of a white water teaching and course
down river from the mouth of the Canyon.
Maggard requested Development Services Director
Hardisty contact him regarding the open space
corridor.
Maggard asked questions regarding the Guaranteed
Maximum Price. City Manager Tandy responded.
Maggard requested staff provide more numbers in the
budget presentations and information on department
requests and what they actually received.
Hanson asked status of DDA for City Center Project. City
Manager Tandy responded.
Hanson requested the status of the removal of PG&E
lines on Stockdale Hwy., between California and
Gosford. Interim Public Works Director LaRochelle
responded and will report backlook into.
Hanson thanked Mr. Ellison and others for meeting to
discuss the Westpark corridor situation.
Hanson expressed appreciation to the Planning
Commission candidates.
Benham referred to Legislative and Litigation
Committee a request from Old Town Kern merchants
regarding expansion of skateboard restrictions to
their area.
Benham referred to staff a request from the
Downtown Business Association for the removal of
the dumpsters in the Wall Street Alley for street
faires, due to activities scheduled in the alley.
13.
Bakersfield, California, April 25, 2001 - Page 15
COUNCIL & MAYOR STATEMENTS continued
Benham encouraged everyone to participate in the
Charrette process.
Couch thanked Alan Christensen and Kevin Barnes for
their assistance.
Couch requested staff provide copies of the
approvals from all the Environmental Agencies
regarding the Kern River Freeway.
Couch requested the Traffic Engineer do a traffic
analysis of Brimhafl Road between Coffee and
Calloway to determine if it should be upgraded from
a collector to an arterial.
Couch requested the Planning Department provide an
update regarding the PCD-PUD overlay zone
ordinance.
Couch asked questions regarding the DDA.
Manager Tandy responded.
City
Couch asked questions regarding the Census report and
re-apportionment of ward boundaries. Staff responded.
Carson expressed thanks to Jack Hardisty, Alan
Christensen and Charles Webb for their assistance at the
charrette community meeting.
Carson requested staff provide her with a street
sweeping schedule for her ward.
Carson requested a status report on the Union
Avenue/Lakeview/Cottonwood corridor. City Manager
Tandy responded and will follow-up with a report.
Carson referred the memo from the City Attorney
regarding a PAC members request for
reimbursement, and requested staff re-address the
issue, define a policy, and report back to Council.
City Manager Tandy responded it will be placed on
the Redevelopment Agency agenda.
Benham referred to Urban Development Committee
an inquiry from the last meeting regarding heavy
concentration of rehab facilities in Wards 2 and 3,
and review if there is an ordinance addressing this
issue.
ACTION TAKEN
115
Bakersfield, California, April 25, 2001 - Page 16
13.
COUNCIL & MAYOR STATEMENTS continued
Benham supports Couch's comments regarding the DDA.
Sullivan stated this is "National Volunteer Week" and
expressed appreciation to all the volunteers.
Salvaggio thanked Code Enforcement for their
assistance.
Salvaggio referred to staff clean-up of debris at the
northeast corner of So. H and Wilson Road.
Salvaggio stated he and Alan Tandy met with the Kern,
Inyo, Mono Counties Central Labor Counsel regarding
City Center Project, feasibility of a labor agreement and
monitoring of public works projects for the City of
Bakersfield. He provided Information from Center
Contract Compliance to City Manager and asked Tandy
to review and the possibility of another meeting.
Salvaggio made comments regarding the Palm/Olive
annexation.
ACTION TAKEN
14. ADJOURNMENT
Motion by Salvaggio to ad' at 11:1/ . ~ ~.
MAYOR ol'the C~ of Bakersfi~td,,~
/
ATTEST:
CITY CLERK and Ex Officio Cle~:k of the
Council of the City of Bakersfield
APPROVED