HomeMy WebLinkAbout05/16/01 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 16, 2001
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
117
PRE-MEETING
1. ROLLCALL
Present:
Absent:
Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham, Maggard,
Couch, Hanson, Sullivan (seated at 5:21
p.m.)
None
Darnell Haynes, Assistant to City Manager, gave an
invocation.
2. WORKSHOP
a. Overview of the Proposed FY 2001-02 Budget.
City Manager Tandy gave a presentation and
provided written material. Assistant City Manager
Stinson and Assistant to the City Manager Haynes,
provided additional presentations.
Carson requested staff review the budget for
possible funding ora staff member to assist the
Council.
Maggard requested staff review the possibility of
a technological budget for Council.
Mayor Hall requested staff provide how the loss
of one million dollars will impact the City of
Bakersfield
Motion by Salvaggio to recess to Closed Session
at 6:09 p.m.
3. CLOSED SESSION
Conference with Legal Counsel - Existing litigation
Closed Session pursuant to Subdivision (C) of
Government Code Section 54956.9. In the matter of
the claim of: Becky Kaiser, Brian Morrow, and
Palm/Olive Concerned Citizens, an unincorporated
association.
ACTION TAKEN
APPROVED
NAT
Bakersfield, California, May 16, 2001 - Page 2
CLOSED SESSION continued
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (C) of
Government Code Section 54956.9. in the matter of
the claim of: Daniel Timothy Barron, a minor, by and
through his Guardian a Litem, Norma Espinoza;
Norma Espinoza vs. City of Bakersfield, Officer D.
Youngblood and Does 1 to 100, inclusive.
Motion by Salvaggio to adjourn from Closed
Session at 6:58 p.m.
ACTION TAKEN
NAT
APPROVED
REGULAR MEETING
INVOCATION by Rev. Ralph Anthony, Assistant Pastor, St.
Peter's Missionary Baptist Church
PLEDGE OF ALLEGIANCE by Danielle Rosales, ASB
President, Cesar Chavez School.
3. ROLLCALL
Present:
Absent:
Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham, Maggard,
Couch, Hanson, Sullivan
None
CLOSED SESSION ACTION
Mayor Hall announced there was no reportable Closed
Session action.
PRESENTATIONS
Presentation by Phi Theta Kappa to Mayor Harvey L.
Hall.
Mayor Hall presented a Proclamation to Jacques
LaRochelle, Interim Public Works Director,
proclaiming May 20-26, 2001 as "National Public
Works Week".
PUBLIC STATEMENTS
a. Curtis Dalton, spoke regarding honoring local heros,
submitted written material.
Bakersfield, California, May 16, 2001 - Page 3
119
PUBLIC STATEMENTS continued
Dennis Fox, spoke regarding a phantom gallery art
displays and submitted written material.
Stan shires, spoke regarding senior services during
energy crisis.
Maggard requested staff respond to questions
from Assemblyman Flores regarding energy
crisis.
The following individuals spoke regarding
annexation: Art Doland Barbara Fowler; Becky
Kaiser; and Barbara Fields.
ACTION TAKEN
Councitmember Benham left the meeting at 7:30 p.m. and
returned at 8:00 p.m.
7. APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. April 25, 2001 Council Meeting.
Payments:
Payments from April 13, to May 3, 2001 in the
amount of $6,464,967.92; and Self Insurance
payments from April 13, to May 3, 2001 in the
amount of $198,902.42.
Resolutions:
Resolution of Intention No. 1241 preliminarily
adopting, confirming and approving Public Works
Director's report for the Consolidated Maintenance
District and the 2001-2002 Budget; setting time and
place for hearing protests on the amount of park
landscaping assessments to be levied throughout the
Consolidated Maintenance District.
120
Bakersfield, California, May 16, 2001 - Page 4
CONSENT CALENDAR continued
Resolution of Intention No. 1242 preliminarily
adopting, confirming and approving Public Works
Director's report for the Consolidated Maintenance
District and the 2001-2002 Budget; setting time and
place for hearing protests on the amount of street
and median landscaping assessments to be levied
throughout the Consolidated Maintenance District.
Resolution of Intention No. 1243 preliminarily
adopting, confirming and approving Public Works
Director's report for the Traffic Signal Maintenance
Districts and the 2001-2002 Budgets; setting time
and place for hearing protests on the amount of
assessments to be levied throughout each of the
Traffic Signal Maintenance Districts. (Ward 4)
Resolution adding territory, Area 1-22 (Commerce,
Truxtun) 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 5)
Resolution approving application for $68,277 in State
Funds for recycling beverage containers.
Resolution authorizing deferral of assessments for
Roy Degeer on parcel within City of Bakersfield
Assessment District No. 91-1 (Hosking Trunk Sewer)
(Ward 7)
Resolution determining that a fully integrated police
information system cannot be obtained through the
usual bidding procedures and authorizing the
Finance Director to dispense with bidding, not to
exceed $1,077,212.
Appropriate $18,1,995 California Law
Enforcement Program (CLEEP) Funds from
the State of California and $150,000 Council
Contingency to the Supplemental Law
Enforcement Services Fund for purchase of
the Records Management System.
ACTION TAKEN
ROI 1242
ROI 1243
RES 060-01
RES 061-01
REMOVED FOR
SEPARATE
CONSIDERATION
RES 062-01
Agreement with Versaterm, Inc., for Records AGR 0'1-1'12
Management System.
Bakersfield, California, May 16, 2001 - Page 5
CONSENT CALENDAR continued
Amendment No. 11 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
Police Dispatcher I/Il.
Revised Job Specifications:
Telecommunicator I/Il to Police Dispatcher
Agreements:
k. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements with
Stone Creek Partners, Inc. for Tract 6015,
Phase 2, located east of Akers Road, north of
Hosking Avenue.(Ward 7)
Final Map and Improvement Agreement with
Mahan Homes, Inc. for Tract 5758, Phase A,
located north of Hageman Road, west of Old
Farm Road.(Ward 4)
Purchase Agreement with Arch Properties, Inc.,
$8,000 to acquire real property located at 701 Union
Avenue for blight removal and future redevelopment
projects.(Ward 1 )
m
Agreement with Valley Achievement Center for
$15,000 of Community Development Block Grant
Funds to purchase property located at 7300 Ming
Avenue. (Ward 5)
Cooperative Agreement with the State of California
for the transfer of ownership of a drainage basin
located at the northwest corner of Rosedale Highway
(State Route 58) and Henry Lane. (Ward 4)
Amendment No. I to Consultant's Agreement No.
00-287 with RBF Consulting, $14,864 for
environmental consulting on the White Lane/Highway
99 Interchange Reconstruction Project. (Ward 7)
Amendment No. 1 to Consultant's Agreement No.
01-051 with RBF Consulting, $39,200 for
environmental consulting on the Fairfax
Road/Highway 178 Reconstruction project. (Ward 3)
ACTION TAKEN
RES 66-99(11)
AGR 01-113
AGR 01-1'14
AGR 0f-115
AGR 0'~-1'16
DEED 5408
AGR 01-'1'17
AGR 01-118
AGR 00-287(1)
AGR 01-051
Bakersfield, California, May 16, 2001 - Page 6
CONSENT CALENDAR continued
Agreement with DBL Entertainment, in an amount not
to exceed $39,550 to book and produce acts for the
Rockin' By The River summer concert series. (Ward 5)
Bids:
Accept bid to award Annual Contract to Doyle Ellis
LLC for Asphalt RejuvenatodSealant, not to exceed
$200,000. (Ward 2)
Demolition of Improvements at 1426 P Street: (Ward
2)
Transfer and appropriate $125,000 from
Microwave System Replacement project
within the Capital Outlay Fund to the Offstreet
Parking Fund Capital Improvement Budget
for demolition of improvements at 1426 P
Street which was acquired for additional
parking.
Accept bid to award Contract to Kroeker, Inc.,
$123,944 for the demolition of improvements
at 1426 P Street Project.
Accept bids from Myriad solutions, Incorporated
$62,616.40 and PC Mall Government Solutions
$13,936 for computers and related equipment, total
$76,552.4O
Miscellaneous:
Approve payment to Quinn Company, $26,560.20 for
unanticipated repairs on Crawter Tractor.
GIS Address Mapping for Fire and Police CAD
Systems.
Authorize the addition of a GIS Technician to
perform GIS address mapping for the
Metropolitan Fire CAD and City Police CAD
systems.
Approve a reimbursement agreement with the
County of Kern not to exceed $20,000 for
salary and benefits costs associated with a
GIS Technician performing GIS address
mapping functions.
ACTION TAKEN
AGR 01.I19
CON 0~-120
CON 01-122
AGR 01-~2~
Motion by Salvaggio to adopt Consent Calendar ltems a.
through v. with separate consideration of Item h. APPROVED
AB BENHAM
Bakersfield, California, May 16, 2001 - Page 7
CONSENT CALENDAR continued
Resolution authorizing deferral of assessments for
Roy Degeer on parcel within City of Bakersfield
Assessment District No. 91-1 (Hosking Trunk Sewer)
(Ward 7)
Motion by Couch to deny deferral of current
assessments, to spread past deferrals over life of bonds
to 2007.
ACTION TAKEN
APPROVED
AB BENHAM
HEARINGS
a. Underground Utility District: (Wards 1,2)
1. Public hearing as required by Resolution of
Intention No. 1237 declaring the City's
intention to order the establishment of
Underground Utility District No. 2, Division 28
(California & R).
2. Resolution establishing Underground Utility
District No. 2, Division 28 (California & R).
Hearing opened 7:58 p.m.
No one spoke at hearing.
Hearing closed 7:59 p.m.
Motion by Couch to override protests and adopt
the resolution establishing Underground Utility
District No. 2, Division 28 (California & R).
RES 063-01
APPROVED
AB BENHAM
Consolidated Maintenance District: (Ward 5)
Protest hearing, as required by Resolution of
intention No. 1238, to increase assessments
for a portion of Area 2-01 (Vineyards) within
the Consolidated Maintenance District.
Resolution to increase assessments for a
portion of Area 2-01 (Vineyards) within the
Consolidated Maintenance District,
confirming assessments, approving Public
Works Director's Report, authorizing
collection of assessments by the Kern County
Tax Collector and terminating Agreement No.
93-132.
RES 064-01
124
Bakersfield, California, May 16, 2001 - Page 8
HEARINGS continued
b. Hanson announce conflict of interest due to owning
property in that area.
Hearing opened 8:00 p.m.
No one spoke at hearing.
Hearing closed 8:01p.m.
Motion by Couch to override protests and adopt
the resolution.
ACTION TAKEN
APPROVED
AB HANSON
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.
Hearing opened 8:02 p.m.
No one spoke at hearing.
Hearing closed 8:02 p.m.
Motion by Couch to adopt the resolution.
RES 065-01
APPROVED
Sewer User Charges:
Continued 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.
Salvaggio recognized Doug Rice, Beverly Manor
Skilled Nursing Facility, who spoke regarding 3 year
to 5 year for skilled nursing facilities and requested
extended it.
RES 066-0~
Motion by Maggard to adopt the resolution and APPROVED
approve the Revenue Program as proposed.
Bakersfield, California, May 16, 2001 - Page 9
125
HEARINGS continued
Appeal by Mary Bertolucci to the Board of Zoning
Adjustment's approval of a Conditional Use Permit
No. P01-0106 to allow a residential alcohol and drug
rehabilitation/recovery facility serving up to 28 clients
with 2 to 3 staff members within three adjacent
apartment units in an R-2 (Limited Multiple-Family
Dwelling) zone district, and a modification to allow a
reduction in required off street parking from 21 to 7
spaces, located at 1605 Pacheco Road. (Ward 1)
Development Services Director Hardisty gave a brief
update.
Hearing opened 8:21p.m.
The following individuals spoke in opposition of staff
recommendation: Ginger Mello, President, Mobile
Village Estates Association; and Jesse Ordonez.
The following individuals spoke in support of staff
recommendation: Oscar Anthony; Shirley Matthews:
May Reed; Gil, Anthony, Executive Director
Restoration Community Project; Chris Sturdevent;
Daniel Hubbard; Fred Goodwill and Nicky Sturdevent
Ray Wofford spoke in rebuttal in opposition of staff
recommendations:
The following individuals spoke in rebuttal in support
of staff recommendations: Lorenzo Dyer; John
Nichols; Lorretta Dyer-Boyd; and Jennifer Joseph.
Hearing closed 8:55 p.m.
Salvaggio requested staff monitor the staffing
requirements for this facility.
Motion by Carson to deny of the appeal, uphold
staff recommendations and approve the
Conditional Use Permit.
ACTION TAKEN
RES 067-01
APPROVED
ABS COUCH
Mayor Hall recessed the meeting at 10:00 p.m. and
reconvened at 10:15 p.m.
126
Bakersfield, California, May 16, 2001 - Page 10
lO.
REPORTS
Legislative and Litigation Committee Majority and
Minority Reports regarding Policy on Reportable
Closed Session Action.
Legislative and Litigation Committee Majority
Report No. 3-01
Legislative and Litigation Committee Minority
Report No. 4-01
Motion by Benham to accept report and
implement recommendations of the Majority
Report.
Amended motion by Benham to accept reports,
and defer this item to the next meeting to allow
the City Attorney time to survey cities of similar
size on their procedure for announcing closed
session action.
ACTION TAKEN
NAT
A PPRO VED
Legislative and Litigation Committee Report No. 5-01
regarding Standard Noticing Policy on Written City of
Bakersfield Public Notices.
Motion by Benham to accept report and
implement recommendations.
Annual Tax Increment Contribution to the Stadium
Debt.
City Manager Tandy gave an update.
Couch requested staff review the rollover debt
and bring back to Counc# at the next meeting.
Maggard requested staff clarify the language in
the resolution,
RES 068-01
APPROVED
11.
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 102-08
changing the zoning district from OS (Open Space)
to R-1 (One-Family Dwelling) on 1.79 acres. (ZC
P00-0983) (First reading 4/25/01) (Ward 4)
ORD 4005
Motion by Salvaggio to adopt the ordinance. APPROVED
Bakersfield, California, May 16, 2001 - Page 11
127
11.
DEFERRED BUSINESS continued
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 102-08
changing the zoning district on three sites from OS
(Open Space) to R-1 (One-Family Dwelling) on
approximately two acres. (ZC P00-0982) (First
reading 4/25/01) (Ward 4)
Motion by Couch to adopt the ordinance.
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. (ZC P01-0007)
(First reading 4/25/01) (Ward 4)
Motion by Couch to adopt the ordinance.
ACTION TAKEN
ORD 4006
APPROVED
ORD 4007
APPROVED
12.
NEW BUSINESS
a. Discussion of electrical energy supply issues.
Assistant City Manager Stinson and Deputy City
Attorney Daniel gave an update.
Maggard requested staff explore advantages of
being a Charter City with regard to the possible
formation of a utility district, also explore
proposal of a dollar to dollar matching of funds
from a government/public co-op agreement and
requested a report back.
13.
COUNCIL & MAYOR STATEMENTS
Hanson stated he met with citizen's from the Westpark
Area regarding the Bakersfield Systems Study, Alternative
Route No. 9 and listened to their concerns.
Hanson stated comments regarding the Disposition and
Development Agreement for the City Center Project have
been positive.
Hanson stated Stephen Wages, the new Planning
Commission, is seriously ill and is at UCLA in intensive care.
Hanson will keep staff informed on Mr. Wages condition.
Bakersfield, California, May 16, 2001 - Page 12
13.
COUNCIL & MAYOR STATEMENTS continued
Benham referred to staff the issue of trash in the alley
between Irene Street and Bernard Street, behind the
labor hall and furniture store, near Fire Station No. 4.
Benham thanked Luis Peralez, Jack LaRochelle, Ted Wright
and Brad Underwood for their assistance at the community
meeting regarding street issues.
Benham commended Councilmember Maggard on his
leadership on the power issues.
Benham thanked Council, City staff, Charrette Committee
and Association of Architects members for their assistance
at the Charrette meetings.
Maggard thanked members of the community for serving on
the panel at the energy issues meeting on 5/15/01.
Maggard made comments regarding the Charrette.
Maggard requested staff respond to a list of issues
provided by Assemblyman Flores.
Maggard requested staff provide Council with the
process, or with a date the agreement with the County
regarding the High Speed Rail Station issue must be
approved.
Maggard requested Economic Development Director
Kunz contact his office to schedule a time to view the
Columbus Avenue corridor.
Maggard asked Development Services Director Hardisty to
provide an update regarding motorcycle tracks along back
yards of subdivision and open space. Hardisty responded.
Maggard expressed appreciation to Mayor Hall, Council and
staff.
Carson stated she will have a report at the next Council
meeting regarding the Ad Hoc Committee meeting on June
12, in regards to the report that was delivered by Chief
Matlock.
Carson referred to staff the issue of assistance to the
Cobbs family for clean-up resulting from a fire on Clyde
Street.
Carson thanked Council for their support of the exodus
house restoration project.
ACTION TAKEN
Bakersfield, California, May 16, 2001 - Page 13
13.
COUNCIL & MAYOR STATEMENTS continued
Carson extended an invitation to the Youth Leadership
Conference at the Bakersfield Convention Center that will be
held on May 17, 2001.
Couch referred to Assistant City Manager Stinson a
request from So. Valley Bicycle Coalition to do a
presentation to the Urban Development Committee.
Couch referred to the City Attorney information
regarding the policy the City uses to select contractors
and bonding companies.
Couch referred to staff the issue of recognizing Rick
Mears' accomplishments.
Sullivan also supports the recognition of Rick Mears.
Sullivan expressed appreciation to staff for their hospitality to
the Mongolian visitors.
Salvaggio referred to City Manager Tandy a
memorandum from Jack LaRochelle, dated 4/30/01
regarding the unimproved gap on Akers Road and
requested a response regarding condemnation
proceedings of the right-of-way.
Salvaggio thanked Chief Matlock's staff for monitoring
speed on E1 Potrero Lane and requested that they
continue to monitor.
Salvaggio referred to Public Works the issue of the
closure of the Bakersfield Sanitary Landfill and
requested a report back regarding the Water Quality
Review Board recommendations.
Salvaggio stated the City Attorney is working on a pre-
qualification ordinance for contractors to do work for the City.
Salvaggio thanked Mayor Hall for the letter to Ron Brummett,
Kern Council of Governments in response to concerns from
Westpark Concerned Citizens.
Salvaggio requested Public Works staff work with
Councilmember Couch, Kern Council of Government
representative, regarding the sound wall for the
proposed White Lane/Highway 99 project.
Couch requested Interim Public Works Director
LaRochelie meet with him regarding the High Speed
Rail.
ACTION TAKEN
Bakersfield, California, May 16, 2001 - Page 14
14. ADJOURNMENT
'ty rsfield, CA
ATTEST:
CITY CLERK and Ex Officio Cl~k of the
Council of the City of Bakersfiel~
ACTION TAKEN
APPROVED