HomeMy WebLinkAbout07/18/01 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 18, 2001
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
181
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Benham, Maggard,
Couch, Hanson, Sullivan (seated at 5:17
p.m.)
Councilmember Carson
ACTION TAKEN
2. WORKSHOP
Presentation by H.O.K on the Multi-Purpose
Stadium.
Alan Tandy, City Manager, gave a brief update
and introduced Bruce Miller, Principal, H.O.K.
Sport, who gave a computer presentation and
provided written material; Michael Newlan also
answered questions.
Salvaggio requested staff provide a
memorandum to Council outlining what would
be lost, seating, landscapting, etc., if the price
changed.
Mayor Hall requested H.O.K. provide Council
with a list of names/cities and stadiums they
have built for major and minor league
baseball.
Downtown Design Charrette.
There was not enough time during the Workshop
Session for this item, it was continued to the
Regular Meeting.
Motion by Salvaggio to recess to Closed
Session at 6:20 p.m.
APPROVED
AB CARSON
Bakersfield, California, July 18, 2001 - Page 2
CLOSED SESSION
ACTION TAKEN
Conference with Legal Counsel Existing
Litigation; Closed Session pursuant to Subdivision
(a) of Government Code Section 54956.9. City of
Bakersfield vs. Gerald D. Lucas, et al.; Kern
County Supedor Coud Case No. 242104-RA
NAT
Conference with Legal Counsel - Anticipated
Litigation; Significant exposure to litigation
pursuant to Subdivision (b)(1) of Government
Code Section 54956.9. One Case.
DELETED
Motion by Couch to adjourn from Closed
Session at 6:44 p.m.
APPROVED
AB CARSON
REGULAR MEETING
INVOCATION by James Fox, Bakersfield Church of Jesus
Christ of Latter Day Saints.
PLEDGE OF ALLEGIANCE by Robert McClain, immediate
past Student Body President, Casa Loma School.
3. ROLLCALL
Present: Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham,
Maggard, Couch, Hanson, Sullivan
Absent: Councilmember Carson
CLOSED SESSION ACTION
Mayor Hall announced there was no Closed Session
Action.
PRESENTATIONS
Mayor Hall presented a Proclamation to Gloria
Friedman, retiring CSUB Head Tennis Coach,
proclaiming July 18, 2001 as "Gloria Friedman
Day". Mrs. Friedman introduced her family and
friends.
Mayor Hall presented a Proclamation to John
Bentley, President of the Fox Theater Foundation,
proclaiming July 16-22, 2001 as "Fox Theater
Week". Mr. Bentley introduced Scott Fieber who
made a brief comment and submitted written
material.
183
Bakersfield, California, July 18, 2001 - Page 3
PUBLIC STATEMENTS
ACTION TAKEN
The following individuals spoke regarding the
Charette: Michael Russo and Shirlyn Davenport.
Tom Fallgatter requested Hearings d. and e. be
continued to the next Council meeting.
Motion by Salvaggio to continue Hearings d.
and e. to the Council meeting of August 8,
2001.
APPROVED
AB CARSON
The following individuals spoke regarding
Stockdale industrial Park area health problems:
Marine Tackett and Victoria Waldon.
Couch requested staff work with the County
Health Department to address health care
issues and to contact Mrs. Tackett.
Salvaggio requested staff meet with the
Stockdale Industrial Park area residents
regarding water wells.
Stuart Gentry spoke regarding bonding and
submitted written material.
Maggard requested staff notify Mr. Gentry
when this item will be on the Budget &
Finance Committee agenda.
Stephanie Lynch spoke in support of the tree
ordinance.
D.K. Mason spoke regarding Kern County Public
Access Television.
Marvin Dean thanked Councilmember Carson and
Mayor Hall for their participation and concerns;
also spoke regarding 8.c. and 8.ff.
Maggard requested staff notify Mr. Dean of
date when this item will be on the Budget &
Finance Committee agenda.
The following individuals spoke regarding
annexation: Art Doland; Becky Kaiser; Barbara
Fowler; and Barbara Fields.
Bakersfield, California, July 18, 2001 - Page 4
WORKSHOP continued
ACTION TAKEN
b. Downtown Design Charrette.
Development Services Director Hardisty gave a
computer presentation with a review of the written
material.
Benham requested City Manager Tandy
develop an implementation plan identifying
goals for different elements for the charrette
proposal and identify staff from various
departments who would oversee
implementation.
7. APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. June 27, 2001 Council Meeting.
Payments:
Payments from June 15, to July 5, 2001 in the
amount of $8,508,792.50; and Self Insurance
payments from June 15, to July 5, 2001 in the
amount of $126,942.60.
Ordinances:
Ordinance adding Section
Bakersfield Municipal Code
qualification of Bidders.
3.20.066 to the
relating to Pre-
Resolutions:
Resolution of Intention No. 1208, adding territory,
Area 3-13 (Gosford, Pachec0 SW) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4)
Resolution of Application proposing proceedings
for annexation of uninhabited territory to the City
of Bakersfield, property identified as Annexation
No. 428, located east of Oswell Street, south of
State Route 58. (Ward 1)
REFERRED TO
BUDGET & FINANCE
COMMITTEE
ROI 1208
RES 102-01
Bakersfield, California, July 18, 2001 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
Resolution of Application proposing proceedings
for annexation of inhabited territory to the City of
Bakersfield, property identified as Annexation No.
427, located south of Olive Drive, east of Allen
Road. (Ward 4)
REMOVED FOR
SEPARATE
CONSIDERATION
Resolution of Application proposing proceedings
for annexation of inhabited territory to the City of
Bakersfield, property identified as Annexation No.
426, located at the northwest corner of Olive Drive
and Jewetta Avenue. (Ward 4)
REMOVED FOR
SEPARATE
CONSIDERATION
h. Resolution approving a Records Retention
Schedule for the Human Resources Division.
RES '105-01
Resolution providing for the preservation of City
Lienhold Interest in Tax-Defaulted Properties to
be sold by the County of Kern. (Wards 1,2)
RES '106-0'1
j. Sale of Surplus Real Property: (Ward 1)
Resolution declaring real property located
on the south side of Highway 58
approximately 1000 feet east of Mount
Vernon Avenue surplus to needs of the
City.
RES ~07-0'1
DEED 5454
Sales Agreement with Brandon Properties
for $160,000.
AGR 01-156
Resolution determining the KRIMESITE SCOPE
cannot be obtained through the usual bidding
procedures and authorizing the Finance Director
to dispense with bidding, not to exceed $20,000
RES '108-0'1
Appropriate $60,000 in Asset Forfeiture
revenue to purchase an enhanced latent
print retrieval system ($20,000) and
contribute $40,000 to Kern County for a
wire intercept room, to the General Fund
Police Operating Budget.
Agreements:
I. Tract Maps/improvement Agreements:
Final Map and Improvement Agreement
with Polo Greens, LLC, for Tract 5596,
Phase 3, located south of Noriega Road,
east of Verdugo Lane. (Ward 4)
AGR 0'1-157
186
Bakersfield, California, July 18, 2001 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
Final Map and Improvement Agreements
with Polo Greens West, LLC, for Tract
5758, Phase C, located west of Old Farm
Road, south of Noriega Road. (Ward 4)
AGR 01-158
AGR 01-159
Improvement Agreement with Commerce
Drive Partners, for Parcel Map 10788,
located south of Truxtun Avenue at the
northeasterly end of Commerce Drive.
(Ward 5)
AGR 01-160
Final Map and Improvement Agreements
with Kyle Carter Homes, Inc. for Tract
6016, located at the northwest corner of
Hageman Road and Riverlakes Drive.
(Ward 4)
AGR 01-161
AGR 01-162
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5827, Phase F, located south of
Brimhall Road, west of Verdugo Lane.
(Ward 4)
AGR 01-163
AGR 01-164
Agreement to Indemnify LAFCO for City
Annexation No. 415, Proceeding 1298 uninhabited
territory located along the west side of Jewetta
Avenue to Old Farm Road, south of Hageman
Road. (Ward 4)
AGR 01-165
Agreement with Delta Microlmaging, $250,000 for
document file conversion to Laser Fiche or Micro
Fiche formats.
AGR 01-166
Consultant Agreement with Kleinfelder, Inc.,
$120,000 to provide materials testing services for
the Buena Vista Trunk Sewer, Phase 2 Project.
(Wards 4,6)
AGR 01-167
Consultant's Agreement with RJM Design Group,
Inc., $380,570 for Landscape Architectural,
Architectural and Engineering Services for Thirty
Acre Park on Stockdale Highway at Buena Vista
Road. (Ward 4)
Amendment No. 1 to Agreement No. 00-169 with
the County of Kern regarding the Green and
Wood Waste Diversion Program, amending
Section 9.A of equipment to be purchased for
expanded program, no changes proposed to
original monetary terms. (Ward 1)
AGR 01-168
AGR 00-169(1)
Bakersfield, California, July 18, 2001 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
Amendment No. 1 to Agreement No. 00-171 with
Michael Brandman Associates. $80,399 to
prepare an Environmental Impact Report for
General Plan AmendmentJZone Change P00-
0291, located north of Stockdale Hwy., west of
Calloway Drive. (Ward 4)
AGR 00-'17'1(1)
Appropriation of $22,733 developer share
of payment to the Development Services
Department General Fund Operating
Budget.
Enterprise Agreement with Microsoft Corporation:
Accept Iow bid of ASAP Software to
provide Microsoft products to the City
under the Enterprise Agreement, not to
exceed $200,000 and thereafter as
budgeted.
AGR Of-f69
Bids:
Award annual contracts to Unisource, not to
exceed $40,625; and Waxie Sanitary Supply, not
to exceed $24,375 for janitorial supplies. Total
not to exceed $65,000.
CON 01-170
CON 01-171
Accept bid to award Annual Contract to Groeniger
& Company, not to exceed $100,000 for fire
hydrants and burys.
CON 0'1-172
Accept bid and award Contract to Valley Printers,
not to exceed $101,735.02, for three issues of the
activity brochure for Recreation and Parks.
CON 01-173
Accept bid and award Annual Contract to Kern
Sprinkler Landscaping, not to exceed $300,000
for irrigation and landscaping services, primarily
for median islands.
CON 0'1-f74
Accept bid from FS3, $39,983.97 for replacement
fire hose.
Accept bid from Quinn Company, $179,244.79 for
one Four-Wheel Drive Loader (Solid Waste,
additional)
187
z. Reject all bids for radio equipment for the Police
Department.
Bakersfield, California, July 18, 2001 - Page 8
CONSENT CALENDAR continued
ACTION TAKEN
aa.
Reject all bids for sewer construction and repair
Allen Road from Brimhall Road to Overton Street
Project. (Ward 4)
bb.
Accept bid and award Contract to Computer
Configuration Services Inc., not to exceed
$199,769 to upgrade the AS400 computer system
in the M.I.S. computer room.
CON 01-175
Miscellaneous:
CC.
Appropriate $2,358,500 Prop 12 grant funds to the
Water Resources ClP Budget within the State
Projects Fund for Kern River Parkway project.
dd.
Granting Easement to Pacific Bell for
communication vault at Wastewater Treatment
Plant No. 3, adjacent to Taft Highway
approximately 600 feet east of Gosford Road.
(Ward 6)
1. Acceptance of Quitclaim of Easement.
DEED 5435(A)
DEED5435(B)
ee.
Approve payment, $19,961.92 to Quinn Company
for equipment rental charges. Loader used at Mt.
Vernon Greenwaste Facility.
Minimum rating for Sureties issuing Performance
and Labor and Materials Bonds for City
construction projects, (Refer to Budget & Finance
Committee)
gg.
Donate surplus Firefighter Turnout Gear to
Guatemala Volunteer Fire Fighters.
hh.
Renewal of the City's property insurance policy
with CHUBB for FY 2001-2002 in the amount of
$117,932.
ii.
Appointment of League Voting Delegate and
Alternate to Annual Conference. (Staff
recommends appointment of Mayor Harvey Haft
as League Voting Delegate and Councilmember
Jacquie Sullivan as Alternate)
Motion by Salvaggio to adopt Consent
Calendar Items a. through ii. with separate
consideration of items f. and g.
APPROVED
AB CARSON
Bakersfield, California, July 18, 2001 - Page 9
CONSENT CALENDAR continued
ACTION TAKEN
Resolution of Application proposing proceedings
for annexation of inhabited territory to the City of
Bakersfield, property identified as Annexation No.
427, located south of Olive Drive, east of Allen
Road. (Ward 4)
RES 103-01
Resolution of Application proposing proceedings
for annexation of inhabited territory to the City of
Bakersfield, property identified as Annexation No.
426, located at the northwest corner of Olive Drive
and Jewetta Avenue. (Ward 4)
RES 104-01
Motion by Couch to adopt Consent Calendar
Items 8. f. and g.
APPROVED
AB CARSON
189
HEARINGS
Appeal by Paul Bealessio of the Board of Zoning
Adjustment's decision to deny a Conditional Use
Permit No. P00-1002 to allow the operation of a
retail nursery in an OS (Open Space) zone district
at 8300 Camino Media. (Ward 5)
Five letters in support of staff's recommendation
have been received. Also, correspondence has
been received from Ken Cooper, expressing
clarification to interest in Las Palmas' Conditional
Use Permit.
Hanson announced conflict of interest due to
owning real property within 500 feet.
Jack Hardisty, Development Services Director,
gave a brief update.
Hearing opened at 8.45 p.m.
The following individuals spoke in opposition of
staff recommendation: Paul Bealessio, submitted
written material and Maurice Etchechury.
The following individuals spoke in support of staff
recommendation: Frank Gary; Carole Casteen;
Norma Walker; Ken Cooper; and Mike Neal,
CSUB.
The following individuals spoke in rebuttal in
opposition of staff recommendation: Mike Porter;
and Maurice Etchechury.
RES 109-01
190
Bakersfield, California, July 18, 2001 - Page 10
HEARINGS continued
a. The following individuals spoke in rebuttal in
support of staff recommendation: Carole Casteen;
and Mike Neal, CSUB.
Hearing closed at 9:19 p.m.
Mayor Hall recessed the meeting at 9:20 p.m. and
reconvened at 9:30 p.m.
Motion by Salvaggio to deny the appeal and
uphold the decision of the Board of Zoning to
permit wholesale use with conditions.
ACTION TAKEN
APPROVED
NS BENHAM
SULLIVAN
AB CARSON
HANSON
Resolution ordering the vacation and relocation of
two right-turn lanes, with adjoining access
openings and public utility easements, on the
north side of Stockdale Highway, east of Calloway
Drive, in Parcel Map No. 10625. (Ward 4)
Correspondence has been received from Louise
Parham, dated July 17, 2001 requesting a
permanent easement to permit continued
operation of their facility at this location.
Hearing opened at 10:07 p.m.
No one spoke at hearing.
Hearing closed at 10:08 p.m.
Motion by Couch to adopt the resolution.
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)
Jack Hardisty, Development Services Director,
stated assessments have been paid and
requested the following items be removed from
the assessment list: No. 27. 210 Lakeview; No.
30. 916 Lakeview; No. 40. 1205 3"d Street; and
No. 41. 1420 3~ Street.
RES frO-Of
APPROVED
AB CARSON
RES 111-01
Hearing opened at 10:10 p.m.
Bakersfield, California, July 18, 2001 - Page 11
HEARINGS continued
c. NO one spoke at hearing.
Hearing closed at 10:10 p.m.
Motion by Benham to adopt the resolution as
amended.
ACTION TAKEN
APPROVED
AB CARSON
19 [
City Clerk McCarthy announced Hearing Items d. and e.
have been deferred to the Council meeting of August 8,
2001.
Public hearing to determine whether the public
interest and necessity require acquisition by
eminent domain of property interests located
south of Rosedale Highway, north of the Cross
Valley Canal, east of the Kern Friant Canal,
Bakersfield, California, for the Mohawk sewer line
extension project. (Code of Civil Procedure
Section 1245.230, et seq.)
Correspondence has been received from Thomas
Fallgatter, of Klein, DeNatale, Goldner, Cooper,
Rosenlieb and Kimball, LLP, representing Equilon
Enterprises, dated July 18, 2001, in opposition to
the hearings regarding the sewer line extension
project.
Public hearing to determine whether the public
interest and necessity require acquisition by
eminent domain of property interests located
south of Rosedale Highway, north of the Cross
Valley Canal, east of Fruitvale Avenue, west of
Gibson Street, Bakersfield, California, for the
Mohawk sewer line extension project. (Code of
Civil Procedure Section 1245.230, et seq.)
10.
REPORTS
Legislative and Litigation Committee Report No.
5-01 regarding KCPA-TV request for Public
Access Television Support.
Couch requested staff draft a response to
answer future criticism from Mr. Mason.
Motion by Benham to accept report. APPROVED
AB CARSON
10.
11.
Bakersfield, California, July 18, 2001 - Page 12
REPORTS continued
ACTION TAKEN
b. Ward Populations.
Jack Hardisty, Development Services Director,
gave a brief update.
Salvaggio requested staff provide Council with
information on legalities and percent of
variance allowed.
Sullivan requested staff indicate on maps
areas of anticipated growth.
Motion by Salvaggio to accept report.
APPROVED
AB CARSON
DEFERRED BUSINESS
Ordinance amending Chapter 17.61 of Title 17 of
the Bakersfield Municipal Code relating to
landscape standards. (First reading 6-27-01)
ORD 4010
Correspondence has been received from Fred
Porter, CELSOC, dated July 18, 2001 requesting
the amended language to Section 17.61.030(E)
be changed back to the original language.
Jack Hardisty, Development Services Director,
stated a typographical error needed to be
corrected on page 1, under Section 17.61.020(A),
"...to a building permit is less than 50..." should be
50 percent ....
Motion by Couch to adopt the ordinance.
APPROVED
AB CARSON
b. City Council request for staff support and
technology funding.
Mayor Hall announced this item will be continued
to a future meeting, date to be announced.
12.
NEW BUSINESS
Emergency Ordinance amending portions of
Chapter 5.32 of the Bakersfield Municipal Code
relating to massage establishments.
Motion by Benham to adopt the ordinance.
ORD 4011
APPROVED
AB CARSON
12.
Bakersfield, California, July 18, 2001 - Page 13
NEW BUSINESS continued
ACTION TAKEN
Ordinance amending portions of Chapter 5.50 of
the Bakersfield Municipal Code relating to
taxicabs.
FR
Ordinance amending Chapter 12.56.240 of the
Bakersfield Municipal Code relating to sales and
fees regulations.
FR
Ordinance amending Bakersfield Municipal Code
Section 1.12.040 by adding Annexation No. 415 to
Ward 4, located along the west side of Jewetta
Avenue to Old Farm Road, south of Hageman
Road. (Ward 4)
FR
193
13.
COUNCIL & MAYOR STATEMENTS
Maggard requested more discussion of the naming of the
City Center Riverwalk project. Tandy responded
Maggard referred to staff the issue of the City flying
U.S. flags at night and not being lighted, also
requested staff look into new flags. Mayor Hall
responded this issue has been addressed.
Benham referred to staff a request from the
Downtown Business Association regarding
assistance with payments for the quarterly banner
change out.
Benham referred to Economic Development a request
from the Downtown Business Association for
assistance identifying possible grant sources.
Benham referred to the Police Department the issue
of vandalism at the Junior League building, 1928 19~
Street.
Benham thanked Water Resources for the water in the
river on the 4th of July.
Benham referred to staff an article from the LA Times,
regarding rubber sidewalk replacement panels to
protect curbside shade trees.
Benham referred to the Urban Development
Committee the issue of landscape ordinance
enforcement.
194
13.
Bakersfield, California, July 18, 2001 - Page 14
COUNCIL & MAYOR STATEMENTS continued
ACTION TAKEN
Benham referred to Public Works the issue of placing
additional signal approach sign on the north side at
24~ and A Streets, driving east; and reported the sign
on the south side is obscured by trees..
Couch referred to Public Works the issue of
residents moving trash cans to their back yard an
requested a copy of the ordinance.
Couch stated there will be a conference Taking Control of
our Energy Future on September 7-9, 2001.
Sullivan suggested staff consider replacing two small
trash cans for one large trash can for residents that can't
get the large can through their gates.
Sullivan suggested the name of the downtown center
could be Riverwalk Downtown instead of Riverwalk
Plaza.
Sullivan stated the 4t~ of July celebration was groat.
Salvaggio referred to staff a letter from Jim Smith
regarding crossings at Riverwalk and Riverwalk Plaza.
Salvaggio requested Public Works provide David
Couch, KCOG representative, a copy of the letter to
Ron Brummett, dated May 24, 2001, regarding the
White Lane sound wall, and let Couch know when to
get that issue in the State Transportation
Improvement program.
Salvaggio referred to Alan Tandy and Donna Kunz, an
e-mail for assistance drafting a response.
Salvaggio welcomed Raul Rojas back.
Salvaggio requested staff provide a status report
regarding the Shawn Davis Backhoe Construction for
Wible Road Storm Drain Improvements, Planz Road
to State Highway 99 bridge crossing.
Salvaggio requested staff provide a status report
regarding the Gwendolen Sewer. Raul Rojas
responded.
Salvaggio requested City Manager Tandy call the Cai
Trans District Director regarding the installation of
the traffic signal on Fairview Road and Monitor.
195
13.
Bakersfield, California, July 18, 2001 - Page 15
COUNCIL & MAYOR STATEMENTS continued
ACTION TAKEN
Salvaggio requested staff provide a list of railroad
crossing that need repairs.
Salvaggio requested staff send Councilmember
Carson a plant, she wasn't able to attend the meeting
due to knee surgery.
Sullivan congratulated Salvaggio on his 25 year wedding
anniversary; expressed get well wishes to Carson; and
welcomed back Raul Rojas and thanked Jack LaRochelle
for doing a great job as Interim Public Works Director.
Maggard congratulated Salvaggio for being confirmed by
the State Senate to the California Regional Water Quality
Control Board.
Mayor Hall wished Councilmember Carson a successful
recovery.
Mayor Hall made comments regarding the State of the
City luncheon.
14.
ADJOURNMENT
MayorHalladjournthe~.~nga. y~.~,~..~ /~
MAYO~of th~ ~ity of Baker~ield, C~
ATTEST:
CITY CLERK and Ex Officio Cl~rk of the
Council of the City of BakersfieYd