HomeMy WebLinkAbout06/27/01 MINUTES CC167
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 27, 200'1
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 at 5:18 p.m.), Couch,
Sullivan (seated at 5:21 p.m.)
Councilmember Hanson
ACTION TAKEN
2. WORKSHOP
a. Proposed Fiscal Year 2001-02 Budget Changes.
John Stinson, Assistant City Manager gave a
computer presentation and provided written
material.
Couch referred to Urban Development
Committee a request by Kern COG regarding
strategy plan for funding mechanism for the
freeway system option.
Motion by Salvaggio to recess to Closed Session at
5:32 p.m.
APPROVED
AB HANSON
CLOSED SESSION
Conference with Legal Counsel Potential
Litigation; Initiation of litigation pursuant to
Subdivision (c) of Government Code Section
54956.9. Three potential cases.
Conference with Legal Counsel - Anticipated
Litigation; Significant exposure to litigation
pursuant to Subdivision (b)(1) of Government
Code Section 54956.9. One case.
NAT
NAT
Mayor Hall adjourn Closed Session at 6:55 p.m. APPROVED
AB HANSON
168
Bakersfield, California, June 27, 2001 - Page 2
REGULAR MEETING
1. INVOCATION by Reverend David Coston, Sr., Cain
Memorial A.M.E. Church
PLEDGE OF ALLEGIANCE / National Anthem by Heather
Tackett
ROLL CALL
Present:
Absent:
Mayor Hall, Vice-Mayor
Councilmembers Carson,
Maggard, Couch, Sullivan
Councilmember Hanson
Salvaggio,
Benham,
CLOSED SESSION ACTION
Mayor Hall announced there was no reportable Closed
Session action.
Motion by Couch to add an item that arose after the
agenda was posted and requires action at this time.
12. NEW BUSINESS
c. Resolution regarding the siting of Dairies.
ACTION TAKEN
APPROVED
AB HANSON
PRESENTATIONS
Mr. Stan Shires, President of Bakersfield Chapter
of Optimists International, presented the
"Honorary Optimist Award" to Mayor Harvey L.
Hall.
PUBLIC STATEMENTS
a. Barbara Fowler spoke regarding neighborhood
meetings and submitted written material.
b. Barbara Fields spoke regarding annexation.
c. Audrey Chavez spoke regarding National HIV
Testing Day and submitted written material.
d. Mary Helen Barro spoke regarding the tree
ordinance.
e. Lois Chaney spoke regarding amendment to
Bakersfield Municipal Code relating to landscape
standards.
169
APPOINTMENTS
a.
Bakersfield, California, June 27, 2001 - Page 3
One appointment to the Handicapped Access
Appeals Board.
Motion by Salvaggio to appoint Aaron D.
Lewis, no terms specified.
ACTION TAKEN
APPROVED
AB HANSON
CONSENT CALENDAR
Minutes:
June 4, 2001 Budget Presentation and June 13,
2001 Regular Council Meeting.
Payments:
Payments from June 1, to June 14, 2001 in the
amount of $5,893,732.44; and Self Insurance
payments from June 1, to June 14, 2001 in the
amount of $111,528.35.
Resolutions:
Resolution of Intention No. 1246 declaring the
City's intention to order the vacation and
relocation of two right-turn lanes, with adjoining
access openings and public easements, on the
north side of Stockdale Highway, east of Calloway
Drive, in Parcel Map No. 10625. (Ward 4)
Resolution adding territory, Area 1-21 (Brimhall,
Allen NW) 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 4)
Resolution adding territory, Area 1-17 (Palm, Allen
SW) 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 4)
Resolution of Application proposing proceedings
for annexation of uninhabited territory to the City
of Bakersfield, property identified as Annexation
No. 425, located north of Reina Road, to Snow
Road, between Jewetta Avenue and Allen Road.
(Ward 4)
ROI 1246
RES 091-01
RES 092-0f
RES 093-0f
Bakersfield, California, June 27, 2001 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
Resolution adopting Investment Policy of the City
of Bakersfield
REFERRED TO
BUDGETANDFINANCE
COMMITTEE
Amendment No. 2 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.
RES 7~00(2)
Agreements:
i. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements
with Kyle Carter Homes, Inc., for Tract
5978, Phase 2, located at the northwest
corner of Calloway Drive and Norris Road.
(Ward 4)
AGR Of-fSO
AGR Of-fSf
Agreement with Hampton Place LLC, $45,000 to
purchase real property in Tract 6007, located west
of Allen Road, south of Palm Avenue, for a
domestic water well site. (Ward 4)
AGR 0f-152
DEED 5424
Agreement with Computer Configuration Services,
Inc. for $48,877 to upgrade the network data
backup in the M.I.S. Computer Facility.
AGR 0'1-153
Agreement with Network Catalyst Inc. for
$72,422.14 to upgrade the Wide Area Network
hardware in the M.I.S. Computer Facility
AGR
Amendment No. 1 to Agreement No. 99-334, with
Duane, Morris & Heckscher, not to exceed
$150,000 for legal services in the matter of North
Kern Water Storage District vs. Kern Delta Water
District, et al, Tulare County Superior Court Case
No. 96-172919.
A GR 99-334(1)
Amendment No. 1 to Agreement No. 00-38 with
BSK & Associates, for Geotechnical and Material
Testing for various projects in Bakersfield Fiscal
Years 1999-00 and 2000-01.
AGRO~38(f)
Amendment No. 1 to Agreement No. 99-97 with
Kleinfelder, Inc. for materials testing services for
the Q Street Grade Separation project and the
Bakersfield Amtrak Station project.
AGR 99-97('1)
Bakersfield, California, June 27, 2001 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
Bids:
p. Reject all bids for City Hall Annex Building
standby generator.
Accept bid to award Contract to Loop Electric
Company, $146,321.50 for traffic signal and
lighting system installations on Ming Avenue at
Scarlet Oak Boulevard and on White Lane at
Grissom Street. (Wards 4, 6)
CON 01.155
Reject bid for Mayflower Building Relocation from
1325 P Street to 130 Sumner Street Project. (Ward
2)
Accept bid from Direct Edge, Incorporated,
$28,884.65 for one additional brush chipper for
the Recreation and Parks Department.
Accept bid from Refuse Power Systems,
$576,837 for nine packer bodies for refuse trucks
(1 additional, 8 replacement).
Miscellaneous:
Transfer $119,500 of appropriations from the
Capital Improvement Budget in the Transportation
Development Fund to the ISTEA Fund for the
Traffic Signal at Verdugo Lane and Hageman
Road. (Ward 4)
Position Reclassification: Assistant Planner to
Associate Planner.
Maggard announce conflict of interest on Consent
Calendar Item 8.q. due to potential source of income.
Motion by Salvaggio to adopt Consent Calendar Items
a. through v.
APPROVED
AB HANSON
171
HEARINGS
Resolution establishing domestic water rates for
Ashe, Fairhaven and Riverlakes service area in
the City Domestic Water System for Fiscal Year
2001-02. (Wards 4, 5, 6)
Gene Bogart, Water Resources Manager,
introduced Maurice Randall, Business Manager,
who gave a computer presentation.
RES 094-01
Bakersfield, California, June 27, 2001 - Page 6
HEARINGS continued
ACTION TAKEN
a. Hearing opened at 7:43 p.m.
Dennis Fox spoke in opposition of staff
recommendation.
Hearing closed at 7:47 p.m.
Motion by Couch to adopt the resolution.
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. (Wards 1,2,3)
RES 095-01
Jack Hardisty, Development Services Director,
requested items No. 5. 1213 Chester Place; No.
27. 138 So. Milham Drive; No. 31. 910 O Street,
be removed from the list, property owners have
paid assessments.
Hearing opened at 7:53 p.m.
No one spoke at hearing.
Hearing closed at 7:53 p.m.
Carson requested staff provide her with a
report of out-of-town property owners and list
of any returned notices.
Motion by Carson to adopt the resolution.
Continued Public Hearing to consider residential
refuse rate increases for Fiscal Year 2001/02,
3.23% proposed rate increase.)
APPROVED
AB HANSON
RES 096-01
City Clerk McCarthy announced additional
correspondence was received from 20 property
owners in opposition to the rate increase.
Kevin Barnes, Solid Waste Director, gave a
computer presentation and provided written
material.
Benham requested staff conduct a workshop
regarding how to implement curbside
recycling.
10.
Bakersfield, California, June 27, 2001 - Page 7
HEARINGS continued
ACTION TAKEN
Salvaggio requested staff review the age for
senior citizen rebates and bring back next
budget cycle.
Hearing opened at 8:40 p.m.
The following individuals spoke in opposition of
staffrecommendation: Susan Hamilton, submitted
written material; Adam Cohen, submitted written
material; Marilyn Mystrick, submitted written
material, Norma Jackson; Michael Friedman, Kern
County Apartment Association; Carolyn West
and Adam Cohen, spoke again.
Hearing closed at 8:58 p.m.
Couch requested Kevin Barnes review
proposal submitted by Adam Cohen and
report back regarding rate decrease/increase.
Salvaggio requested Kevin Barnes provide
copies of memorandums submitted to Council
regarding recycling to Ms. Hamilton.
Maggard requested staff explore private
curbside recycling for residents willing to pay
for that service.
Motion by Couch to adopt the resolution.
APPROVED
NS CARSON
AB HANSON
REPORTS
None,
173
11.
DEFERRED BUSINESS
a. Fiscal Year 2001-02 Budget:
Resolution approving and adopting the
City of Bakersfield Operating and Capital
Improvement Budget as amended.
Resolution approving and adopting the
Operating and Capital Improvement
Budgets for the Bakersfield
Redevelopment Agency as amended.
RES 097-01
RES 098-01
3. Resolution establishing the City of RES 099-01
Bakersfield Appropriations Limit.
174
11.
Bakersfield, California, June 27, 2001 - Page 8
DEFERRED BUSINESS continued
ACTION TAKEN
a. Alan Tandy, City Manager, gave a brief update.
Couch made the following statement for the
record: As the Council and the public are well
aware, I have consistently opposed the multi-
purpose stadium associated with the Riverwalk
Plaza development. Included in the Budgets
being considered tonight are items dealing with
the funding of the multi-purpose stadium. To
make it perfectly clear, I am still opposed to the
stadium, and my vote in favor of adopting the
budgets should not in any way be construed as a
change in my position toward the stadium. I am
voting for the budgets, to allow the City to proceed
with its necessary operations and capital
improvements. The public should be aware that
the issue of funding the stadium must be brought
back to the Council prior to any funds being
expended, and I will again voice my opinion at that
time.
Couch also stated, If the 2.2 million is not used for
the baseball stadium, it would go a long way
towards a police sub-station. He requested the
record reflect if the Riverwalk Plaza doesn't move
forward, the 2.2 million should be earmarked for a
police sub-station.
Motion by Salvaggio to adopt the resolutions.
Mayor Hall recessed the meeting at 9:30 p.m. and
recenvened at 9:40 p.m.
APPROVED
AB HANSON
12.
NEW BUSINESS
a. Landscaping Requirements (citywide):
Ordinance amending Chapter 17.61 of
Title 17 of the Bakersfield Municipal Code
relating to landscape standards.
Resolution establishing a policy that City
public works projects will conform to the
landscaping standards set forth in the
Bakersfield Municipal Code.
Jack Hardisty, Development Services Director,
gave a brief summary of changes.
FR
RES fOO-Of
Bakersfield, California, June 27, 2001 - Page 9
12. NEW BUSINESS continued
ACTION TAKEN
a. 6. PUBLIC STATEMENTS continued
The following individuals spoke in
support of staff recommendation:
Erika Stockton; Stephanie Lynch,
President Tree Foundation; Dana
Adams; and Lorraine Unger
Benham requested staff delete the following
sentence from the ordinance: "Except for any
trees damaged or removed pursuant to
Section 17.61.050(b) any project will be
deemed in compliance with this sub-section if
after the 15 year period the tree canape
shades 30% or more of the specified parking
area, '
Motion by Benham to give first reading to the
ordinance as amended and approve the
resolution.
APPROVED
AB HANSON
Ordinance amending various sections of Title 17
of the Bakersfield Municipal Code relating to
Commercial and Industrial Development
standards, specifically wall height and yard
requirements, drive-thru services, and parking lot
lighting. (citywide).
Correspondence has been received from building
Industry Association of Kern County, dated June
26, 2001 in opposition of increasing the minimum
wall height between commercial/industrial and
residential projects from six to seven feet.
Couch requested staff provide clarification of
the increase from six to seven feet and
Section 3.
Motion by Couch to refer the ordinance to
Urban Development for further review and
clarification.
APPROVED
AB HANSON
175
12.
Bakersfield, California, June 27, 2001 - Page 10
NEW BUSINESS continued
ACTION TAKEN
c. Resolution regarding the siting of Dairies.
RES
Benham suggested the following changes:
Add language regarding "opposed to
establishment by CUP, by any form,
permit, in any manner;
Page 1. - delete: "Whereas, the City
Council believes certain specific
recommendations of the Dairy Committee
do not adequately protect the citizens of
the City of Bakersfield."
Delete "Whereas..." 3~d from bottom, or
change language to including balancing of
property rights of owners.
Couch
suggested the following changes:
add language to the bottom "Whereas..."
to: The City Council believes certain
specific recommendations of the Dairy
Technical Advisory Committee do not
adequately protect the citizens of the City
of Bakersfield by allowing Bi-Right Dairies
within the 2010 General Plan.
Benham suggested combining the two bottom
"Whereas..." to:
Whereas the Dairy Technical Advisory
Committee has made specific
recommendations for dairy Bi-Right
criteria. Whereas, the Council believes
that recommendation does not accurately
protect...
Couch suggested adding:
By allowing Bi-Right Dairies within the
2010 General Plan area via the CUP
process on the last ~Whereas".
City Attorney Thiltgen stated the "Whereas" that
talks about the protection of property rights and
the next "whereas" talks about specific
recommendations can be deleted from this
resolution. The amendment made by Couch to
the last "Whereas" on the first page is sufficient to
talk about the Technical Dairy Committee.
12.
Bakersfield, California, June 27, 2001 - Page 11
NEW BUSINESS continued
ACTION TAKEN
c. Couch agreed to deleting the two "Whereas".
Page 1, drop 2nd and 3"d "Whereas" from
bottom.
Add language to read: The City Council
believes certain specific recommendations
from the Dairy Technical Advisory
committee do not adequately protect the
citizens of the City of Bakersfield by
allowing dairies within the 2010 General
Plan area via the Conditional Use Permit
process.
Page 2: Paragraph 2, Be it resolved... The
City Council hereby oppose establishment
or enlargement of any dairy: 1. Within the
boundaries of the 2010 General Plan. add
by right, by issuance of a permit or by any
other means. 2. Within 3 miles of any
planned or existing residential
development outside the boundaries of the
2010 General Plan; and, 3. Within two
miles of any property use for water
recharge or recovery purpose.
177
13.
Motion by Couch to adopt the resolution as
amended by Council comments.
COUNCIL & MAYOR STATEMENTS
Maggard requested staff review the policy and the
possibility of changing criteria regarding bonding to
better protect citizens.
Maggard stated Southern California Gas will be having a
forum this weekend to help people understand the rising
energy costs; and applauded Wells Fargo Bank for their
financial contributions to the Bakersfield Homeless
Shelter, The Boys & Girls Club of Bakersfield and Kern
Adult Literacy to assist with their utility bills.
Maggard would like to meet with staff regarding
designating certain areas in Bakersfield that would
have uninterrupted electrical power, bringing
businesses to Bakersfield and to work with Ruiz
Foods, regarding a possible expansion.
Couch requested staff change the meeting time for
Urban Development Committee from I p.m. to 6 p.m.
on July 9*h in the Council Chambers, to allow citizen's
opportunity to speak on the freeway options.
APPROVED
AB HANSON
ABS MAGGARD
13.
Bakersfield, California, June 27, 2001 - Page 12
COUNCIL & MAYOR STATEMENTS continued
Couch requested City Attorney Thiltgen find out what
County Counsel's opinion is regarding the possibility
of a metropolitan transportation district.
Couch stated he has received complaints regarding
a hot dog establishment's lighting and requested
staff look into this issue.
Couch requested staff contact Mary Cave to remind
her of the Planning Commission meeting.
Couch requested Mayor Hall prepare a proclamation
recognizing Milo Hall for all he's done for the City.
Couch thanked Alan Tandy, Jack LaRochelle and Luis
Peralez for the Monthly Street Sweeping Pilot Program.
Couch requested staff pursue a property owner
regarding annexation to the City.
Couch submitted miscellaneous referrals to staff.
Benham thanked staff for their assistance
addressing the needs of International Square and
requested a staff report to present to Council.
Benham referred to Code Enforcement the issue of
trash and debris at the Montgomery Wards building
and parking lot and at the Rancho Motel
Benham requested staff provide an updated
Compliance Report regarding removal of the
apartment buildings at 1701 - ~80~ Canter Way and
other concerns previously noted regarding that
church property.
Benham requested staff provide a report exploring
options available to save the Carriage Masters
historic building from demolition.
Benham requested staff prepare a letter to Cai Trans
regarding the feasibility of planting trees on ramps,
on Freeway 99.
Carson referred to Public Works the issue of
handicapped access driveway at 6~ and P Streets and
requested a status report.
Carson thanked Public Works for the street resurfacing
on Owens Street.
ACTION TAKEN
13.
Bakersfield, California, June 27, 2001 - Page 13
COUNCIL & MAYOR STATEMENTS continued
ACTION TAKEN
Carson requested staff schedule an
Intergovernmental Relations Committee meeting to
discuss the empowerment zones and to determine if
the County has any interest in pursuing; and
requested staff provide her with more information on
this issue.
Carson requested staff conduct a study regarding the
relocation of fire stations to improve response time
and services, the feasibility of a joint police/fire
station, and requested staff provide a report or
workshop.
Sullivan referred to staff the issue of repairs to the
street around railroad tracks at Pacheco and New
Stine Roads and requested a status report.
Salvaggio requested Trudy Slater and Ginny Gennaro
review the issue of the dog killed by pit bull dogs and
requested a report back.
Salvaggio requested Police Department provide a
status report regarding the issue of illegal parking of
commercial vehicles on the west side of So. Union
Avenue, north of Panama Lane.
Salvaggio requested Jack LaRochelle provide him
with a copy of the letter sent to Kern COG regarding
the White Lane/Highway 99 sound wall project.
Salvaggio requested Donna Kunz provide a status
report regarding the issue of Planz Park Playground
Equipment Project.
Salvaggio requested Jack LaRochelle work with
Donna Kunz on the Gwendolen Sewer Project, to
expedite the project.
Salvaggio referred to Code Enforcement the issue of
weed abatement on the four lots at 2200 Block of
Castro Lane and requested it be cleaned prior to
July 4, 2001.
Salvaggio referred to staff a letter from Susan
Hamilton regarding recycling and refuse fees and
requested staff provide a thoughtful response.
Salvaggio expressed appreciation to Captain Wahl's
memorandum to Chief Matlock regarding construction
projects at the Police Activities League Center.
13.
Bakersfield, California, June 27, 2001 - Page 14
COUNCIL & MAYOR STATEMENTS continued
ACTION TAKEN
Salvaggio referred to staff the completion of traffic
signal at Monitor and Fairview prior to school
commencing.
Salvaggio requested staff RSVP for him for the State
of the City luncheon.
Salvaggio asked Councilmembers attending the
Mayor/Council League of California Cities executive
forum, communicate to Mayor Hall what they will be doing
regarding dinner meeting.
Carson referred to staff the issue of the median on
Union Avenue and requested staff review the
feasibility of continuing the project.
Mayor Hall made comments regarding State of City
luncheon.
Mayor Hall made comments in support of the pending
tree ordinance.
14. ADJOURNMENT
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ATTEST:
APPROVED
AB HANSON