HomeMy WebLinkAbout05/30/01 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF May 30, 2001
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
Darnell Haynes, Assistant to City Manager, gave an
invocation.
1. ROLLCALL
Present: Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham,
Maggard, Couch, Hanson, Sullivan
(seated at 5:25 p.m.)
Absent: None
ACTION TAKEN
DEPARTMENT BUDGET PRESENTATIONS
a. City Attorney's Office
City Attorney Bart Thiltgen gave a presentation of
accomplishments and goals for the City Attorney's
Office.
b. Finance Department
Finance Director Greg Klimko gave a presentation
of the Finance Department,
Couch requested staff provide additional
information regarding money invested locally.
Motion by Salvaggio to recess to Closed Session at
6:04 p.m.
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.
Motion by Salvaggio to adjourn from Closed Session
at 6:58 p.m.
APPROVED
APPROVED
136
Bakersfield, California, May 30, 2001 - Page 2
REGULAR MEETING
1. INVOCATION by Pastor Sam Thomas, Sr., Solid Rock
Baptist Church
PLEDGE OF ALLEGIANCE by Keith Honeycutt, Fruitvale Jr.
High School.
ROLL CALL
Present:
Absent:
Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham,
Maggard, Couch, Hanson, Sullivan
None
ACTION TAKEN
CLOSED SESSION ACTION
Mayor Hall announced the City Council finds that
Assistant City Attorney Bob Sherfy and Deputy City
Attorney Carl Hemandez performed their duties in the
Palm-Olive Litigation with the utmost integrity and
employed the highest ethical standards to represent the
interest of the City of Bakersfield in accordance with the
direction of the City Council. The City Council further
finds that the allegations contained in the claim recently
filed on behalf of the Palm-Olive Concerned Citizens are
false and lack any basis, and any compensation
associated with such claim would be in violation of the
court order which settled the original litigation. The City
Council wishes to recognize the tremendous time and
effort expended by the Palm-Olive Concerned Citizens
over the past three years, which has resulted in
substantial changes to the City's noticing process,
development of internal City procedures to facilitate
greater openness in the City's annexation efforts and
substantive change in State law, all to the benefit of past,
present and future citizens' of the City of Bakersfield. In
accordance with the above statements the City Council,
by a vote of 7-0, hereby rejects such claim and directs the
City Attorney to provide written notification to the
claimant's attorney of the City Council's decision to
formally reject this claim. Such written notification shall
be sent no later than May 31, 2001.
5. PRESENTATIONS
None.
Bakersfield, California, May 30, 2001 - Page 3
PUBLIC STATEMENTS
The following students from West High School
spoke regarding tobacco self service displays:
John Cartier; Matthew Morro; John Lay; Stephanie
Bryant; Brandyn Hunter and Alex Gay.
Salvaggio referred to Legislative & Litigation
Committee the issue of tobacco displays and
requested a recommendation to enact an
ordinance.
Salvaggio requested staff provide Council and
West High School speakers with the complete
paper trail of action taken with regard to
approving the previous resolution.
Stuart Gentry spoke regarding the California Code
of Civil Procedure, Section 995-660 and new
legislation proposed for questioning financial
strength of bonding companies.
Maggard referred to staff the California Code
of Civil Procedures to evaluate whether a
formal source of support is necessary and if
so, to place on next Council agenda.
ACTION TAKEN
APPOINTMENTS
One appointment to the Bakersfield
Redevelopment Agency, term expired April 22,
2001.
Motion by Salvaggio to appoint Don Cohen,
term expiring April 22, 2005.
One appointment by Ward 5 to the Planning
Commission, term expires April 17, 2005.
Motion by Hanson to appoint Murry Tragish,
term expiring April f7, 2005.
APPROVED
APPROVED
CONSENT CALENDAR
Minutes:
a. May 16, 2001 Council Meeting.
Bakersfield, California, May 30, 2001 - Page 4
CONSENT CALENDAR continued
Payments:
Payments from May 4, to May 17, 2001 in the
amount of $4,572,673.88; and Self Insurance
payments from May 4, to May 17, 2001 in the
amount of $133,331.60.
Resolutions:
Resolution of Application proposing proceedings
for annexation of uninhabited territory to the City
of Bakersfield, property identified as Annexation
No. 420, located at the southwest corner of Stine
Road and McKee Road. (Ward 6)
Resolution of Application proposing proceedings
for annexation of uninhabited territory to the City
of Bakersfield, property identified as Annexation
No. 421, located along the north side of Brimhall
Road, between Jewetta Avenue and Calloway
Drive. (Ward 4)
Resolution determining that Bioxide (chemical) for
sewer odor control and reduction of sulfide gas
levels cannot be reasonably obtained through the
usual bidding procedures and authorizing the
Finance Director to dispense with bidding thereof,
not to exceed $200,000 annually.
f. Canyon Hills Senior Housing Project: (Ward 3)
Agreement with Canyon Hills Senior
Housing, Inc. for Home Investment
Partnership Program funds, $107,000 for
a 74-unit Senior Housing Project in
Northeast Bakersfield.
Resolution regarding the use or Housing
Set Aside Monies outside the Downtown
Redevelopment Project Area.
Appropriate $57,000 prior year entitlement
and $50,000 current year program income
to the Economic and Community
Development operating budget within the
HOME Program Fund and $310,000 in the
reserve fund balance to the
Redevelopment Operating Budget within
the Downtown Housing Fund.
ACTION TAKEN
RES 069-01
RES 070-01
RES 071-01
AGR 01-123
RES 072-01
Bakersfield, California, May 30, 2001 - Page 5
139
CONSENT CALENDAR continued
Agreements:
g. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements
with John Balfanz, Inc., for Tract 5441,
Phase F, located north of Hageman Road,
east of Jewetta Avenue. (Ward 4)
Final Map and Improvement Agreements
with Campus Park, LLC aka Coleman
Homes, Inc., for Tract 6008, Phase 1,
west of Mountain Vista Drive, south of
Campus Park Drive. (Ward 4)
Final Map for Tract 5656-A with Kern River
Partners, LLC. The subdivision is located
at the southwest corner of Highway 178
and Miramonte Drive. (Ward 3)
Final Map and Improvement Agreements
with Hampton Place LLC, for Tract 6007,
Unit 1, located south of Palm Avenue,
west of Allen Road. (Ward 4)
Engineering Services Agreement with
Kennedy/Jenks Consultant, not to exceed $40,600
for design of Bellevue River Weir with bike
path/pedestrian bridge crossing. (Ward 4)
Agreement with Greenfield Union School District,
not to exceed $51,684 to conduct After-School
Programs. (Ward 7)
Agreement with Bethany Services to sell city-
owned property for $10.00, located at 1600 E.
Truxtun Avenue. (Ward 2)
Amendment No. I to Agreement No. 99-214 with
Green Gardens to reflect the correct number of
CDBG and HOME-assisted housing units in
accordance with Federal Home regulations. (Ward
l)
Amendment No. 2 to Agreement No. 99-68 with
Jim AIfter Cement to add additional funds for
contract use, not to exceed $200,000.
Amendment No. 4 to Agreement No. 96-178 with
SPCA Independent Contractors in the amount of
$619,392 to cover increased costs of operation for
FY 2001-02.
ACTION TAKEN
AGR 0'1-'124
AGR 0'1-125
AGR 01-'126
AGR 0'1-'127
AGR 0'1-'128
AGR 01-'129
AGR 01-'130
AGR 01-13'1
AGR 0'1-'132
DEED 5qS~
AGR 99-2'14('1)
AGR 99-68(2)
AGR 96-178(4)
Bakersfield, California, May 30, 2001 - Page 6
CONSENT CALENDAR continued
Bids:
n. Accept bid to award Contract to Garcia Roofing,
Inc. in the amount of $46,625 for roof replacement
of Building "A", City Corporation Yard. (Ward 5)
Miscellaneous:
o. Reclassification of Engineering Services Manager
to Assistant Public Works Director - Engineering.
p. Reclassification of Assistant Fire Chief to Deputy
Fire Chief.
q. Revised Job Specification: Wastewater Manager.
r. Authorize the Finance Director to forward to a
collection agency, accounts receivable in various
funds totaling $114,686.52.
Motion by Salvaggio to adopt Consent Calendar Items
a. through r.
ACTION TAKEN
CON 01-133
A PPRO VED
HEARINGS
Ordinance amending sections of Chapters 17.52
and 17.54 of Title 17 of the Bakersfield Municipal
Code related to utilization of the P.C.D. (Planned
Commercial Development) zone as combining
zones.
Hearing opened at 7:32 p.m.
NO one spoke at hearing.
Hearing closed at 7:33 p.m.
FR
10.
REPORTS
City Manager's Oral Report No. 4-01 regarding
Various Solid Waste Recycling Options.
Solid Waste Director Kevin Barnes gave report
Interim Public Works Director Jack LaRochelle
provided additional information and answered
questions.
Bakersfield, California, May 30, 2001 - Page 7
10.
REPORTS continued
Couch requested staff provide him with
information for constituents of available
recycling locations and a copy of the pamphlet
regarding recycling,
Maggard requested Public Works schedule a
workshop to discuss landfill fees and the wet
waste component.
City Manager Report No. 5-01 regarding the City
Center Project.
City Manager Alan Tandy gave an update.
Benham requested notification be given to
Council as to when the conference call is
scheduled with Mr. Moses and also advise
Council of results of the call.
Carson requested staff provide a status report
regarding the relocation process associated
with the proposed City Center Project.
Benham referred to staff a letter received from
the Historic Preservation Commission
regarding the Carriage Masters Building, and
requested staff explore the options for
preserving the building or excluding it from
the proposed City Center Project area and
requested a report back.
ACTION TAKEN
11.
DEFERRED BUSINESS
a. Policy on Reportable Closed Session Action.
City Attorney Bart Thiltgen gave a brief update.
Motion by Benham to adopt a policy
modification resolution.
b. Annual Tax Increment Contribution to the Stadium
Debt.
City Attorney Bart Thiltgen gave a brief update,
Motion by Couch to accept the report.
APPROVED
RES 073-01
APPROVED
Bakersfield, California, May 30, 2001 - Page 8
12.
NEW BUSINESS
Ordinance amending Section 12.44.031 of
Chapter 12.44 of the Bakersfield Municipal Code
relating to business use of sidewalks.
ACTION TAKEN
FR
13.
COUNCIL & MAYOR STATEMENTS
Hanson requested staff respond to e-mail from
Gaylen Jaggers regarding Police Activities League.
Benham commended the Police Department for working
with the bouncers at the Downtown Bars to ensure an
appropriate level of enforcement to keep Downtown safe.
Benham referred to staff a request from the DBA Draft
Group, Kenny Reed, regarding the possibility of a
pilot program to utilize the Eye Street Garage on
Friday and Saturday nights.
Benham requested staff designate one staff person to
coordinate with the Wall Street Alley Merchants on
issues of trash collection and improvements to the
street and alley.
Benham requested staff contact the Superintendent
of Schools and the County Housing Authority to take
necessary preliminarily steps to preserve options
with respect to possible expansion of Central Park,
north of 21~ Street.
Benham requested staff begin exploring potential
mixed use or residential sites in the Downtown area
for future development.
Benham referred to staff a letter from Jim Filbrandt,
Stars Theater, requesting a meeting.
Benham referred to Public Works a request for a
landscape median on Bernard Street.
Benham referred to Public Works a request from
Chuck Shaw, Valley Cycle, 3808 Chester, regarding
curb repairs and a status report on the proposed
traffic signal near that location.
Benham referred to Public Works the possibility of
establishing a "clean your alley" week program.
Maggard applauded the citizens atong Panorama corridor
for the median beautification, and staff for their
assistance.
Bakersfield, California, May 30, 2001 - Page 9
1.4,3
13.
COUNCIL & MAYOR STATEMENTS continued
Maggard thank Economic Development Director Kunz for
taking the tour with him along the Columbus corridor.
Maggard thanked the Planning staff for their assistance
facilitating meeting regarding open space in East
Bakersfield.
Maggard again requested staff meet with him regarding
the possibility of having movies at the park and the costs
involved.
Carson congratulated Economic Development staff
on their application to the State for $500,000 loan
money for housing in the Southeast Project, and
requested staff keep her updated regarding bidders'
conference and RFP process.
Carson asked status of street landscaping for Downtown
and Lakeview. Interim Public Works Director LaRochelle
responded.
Carson asked questions regarding standards being
proposed by National Fire Protection Link. Fire Chief Ron
Fraze responded.
Couch requested staff keep him updated regarding
upcoming annexations in Ward 4.
Couch referred to staff the issue of a median that has
been flooding, submitted pictures. Interim Public Works
Director LaRochelle responded.
Couch referred to staff a letter to Phillip Smith,
Chairman, Kern COG from residents on 7~h Standard
Road.
Couch requested Interim Public Works Director
LaRochelle meet with him regarding Westpark
residents concerns regarding Alignment No. 9.
Couch requested staff meet with him regarding a
prior request to upgrade Brimhall Road between,
Coffee and Calloway from arterial to collector status.
Couch referred to staff the issue of annexing property
on Brimhall, requested staff meet with property owner
to discuss.
Couch requested staff place the League of Cities
annual meeting on the next Legislative & Litigation
Committee agenda.
ACTION TAKEN
144
Bakersfield, California, May 30, 2001 - Page 10
13.
COUNCIL & MAYOR STATEMENTS continued
Sullivan express support for Jim Filbrant's request
for assistance regarding the Stars Theater Downtown.
Sullivan requested Interim Public Works Director
meet with her regarding improvements to the
medians on White Lane.
Sullivan complimented Assistant City Clerk Gafford for
doing a good job at the meeting.
Sullivan commented on Memorial Day editorial in the
Bakersfield Californian.
Maggard congratulated Jack LaRochelle on his promotion
to Assistant Public Works Director.
Salvaggio stated the next Budget & Finance Committee
meeting will be next Tuesday.
Salvaggio requested Bakersfield Music Theater be
included for possible assistance and also referred to
staff a letter from Bakersfield College Aquatics Center
requesting assistance.
Salvaggio congratulated Captain Dave Jackson for his
30+ years of dedicated service to the City of Bakersfield
and requested the Manager's Office RSVPfor himself and
his wife for the retirement dinner, also have staff call the
Council to see if they will be attending.
Salvaggio thanked the Police Department for
enforcement of commercial vehicle parking problem
on So. Union, north of Panama Lane, and requested
continued enforcement.
Salvaggio referred to staff a complaint from Ms.
Morgan regarding pot holes on H Street and
requested staff call her for location.
Salvaggio referred to Building Director Fidler, a
phone message from Mr. Fuentes, regarding the
possibility of a group home in the 1200 block of
Sandra Drive, and requested staff check with the
Department of Social Services to see if a license is
being considered, and thanked Mark Turk for the
memorandum regarding his visit to the area.
Salvaggio thanked Jack LaRochelle, and Randy Fidler for
their quick response to concerns regarding the blighted
4-plex area on Panama Lane and Chester W. Nimitz, and
asked staff to keep him apprized of this issue.
ACTION TAKEN
Bakersfield, California, May 30, 2001 - Page 11
145
13.
COUNCIL & MAYOR STATEMENTS continued
Salvaggio expressed appreciation for efforts at the Wible
Road junk yard.
Salvaggio congratulated Jack LaRochelle on his
promotion.
Hall apologized for oversight of lack of expediency of
letter to Kern COG. Couch responded it was on time.
Hall expressed support for proposed "clean-up alley
program" and offered assistance.
Hall commended Carson, Benham, Sullivan, Donna Kunz,
Bakersfield Rescue Mission, local churches, for their
efforts to improve International Square.
Hall expressed appreciation to the Police, Water and
other City staff for their hard work on May 25th to improve
the bike path, also the SPCA for their efforts in the clean-
up of stray animals.
Hall stated he has received encouraging calls regarding
the Youth Build Better Bakersfield program and hopes it's
successful.
Salvaggio urged Benham and Hanson to attend the
Mayor's Counsel Executive Forum in July.
Salvaggio expressed appreciation to members of the
Streets Department for their work on rehabilitating
medians in the old areas of the city.
ACTION TAKEN
14. ADJOURNMENT
Motion by Salvaggio to adjq~rn a,~ lO:~ p.m. /~
MAYOR ~f the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officiq/)Clerk of the
Council of the City of Bakersfield
APPROVED