HomeMy WebLinkAbout09/19/01 MINUTES CC261
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 19, 2001
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
1. ROLL CALL ACTION TAKEN
Present: Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson (seated at 5:19
p.m.), Benham Maggard, Couch, Hanson,
Sullivan (seated at 5:23 p.m.)
Absent: None
2. WORKSHOP
a. Update on Greater Bakersfield Convention and
Visitors Bureau.
Don Yaeger, President, Greater Bakersfield
Convention and Visitors Bureau gave a
presentation and provided written material. Jim
Foss, Executive Director, Centennial Garden,
gave additional information and answered
questions.
b. Presentation by Applied Development Economics
on the Southeast Bakersfield Revitalization Study.
(Wards 1, 2)
Stephen Wahlstrom, Applied Development
Economics, gave a presentation and provided
written material.
C. Space Needs Assessment Study for Fire Station
15 located at Buena Vista Road and Deer Peak
Drive and status of Police Department
Substations.
Mary McGrath, RRM Design Group gave a
presentation and provided written material.
Motion by Salvaggio to recess to Closed Session at APPROVED
6.25 p.m.
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Bakersfield, California, September 19, 2001 - Page 2
3. CLOSED SESSION
ACTION TAKEN
a. Conference with Legal Counsel - Existing NAT
Litigation; Closed Session pursuant to Subdivision
(a) of Government Code Section 54956.9; Roger
Edwin Hartley, etc. vs. City of Bakersfield, et al.;
United States District Court, Eastern District, Case
No. CIV-F-00-5894 AWI DLB
b. Conference with Real Property Negotiators NAT
pursuant to Government Code Section 54956.8
Property: Parcel 1 - Easement for drainage basin
and right-of-way north of Brimhall Road, west of
Coffee Road; Parcel 2 - Right-of-way south of
Brimhall Road, west of Coffee Road; Agency
Negotiators: Finance Director Gregory Klimko and
Real Property Manager Donald Anderson;
Negotiating Parties: Doug Snyder (Pacific Gas &
Electric Co.); Under Negotiation: Price and terms
of payment for purchase.
Motion by Salvaggio to adjourn from Closed Session APPROVED
at 7:00 p.m.
REGULAR MEETING
INVOCATION by Councilmember Mike Maggard
2. PLEDGE OF ALLEGIANCE by Michelle Hernandez, 6'
Grade Student at Sandrini 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 Closed Session
Action.
5. PRESENTATIONS
a. Mayor Hall presented a Proclamation to Mary
Anne Walz, Chairperson of Paint the Town Pink,
proclaiming October 2001 as "Paint the Town Pink
Month".
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Bakersfield, California, September 19, 2001 - Page 3
5. PRESENTATIONS continued
b. Presentation of an award from the Government
Finance Officers Association of the United States
and Canada for Excellence in Financial Reporting
for the City's Comprehensive Annual Financial
Report for the Fiscal Year ended June 30, 2000
(Sandra Jimenez, Accounting Supervisor)
Benham made comments regarding the
candlelight vigil at Bakersfield High School.
6. PUBLIC STATEMENTS
a. Milt Younger spoke regarding budget for the
Bakersfield Symphony Orchestra.
b. Vic Mabry spoke regarding local fire fighters to
travel to New York to honor work that has been
done and requested $6,000 financial assistance
for fill-in staff.
Hanson requested staff appropriate $6,000
from Council Contingency Fund to assist fire
fighters request.
C. Brent Newell spoke regarding dairy developments.
Benham requested staff review the possibility
of working with other cities on a coordinated
effort regarding this issue.
Maggard referred to Urban Development
Committee the issue regarding dairies and
requested Jack Hardisty prepare a letter, with
the Mayor's signature, to the Board of
Supervisors.
Jack Patton gave a Blaze Franchise update.
e. Becky Kaiser spoke regarding our community
spirit.
7. APPOINTMENTS
ACTION TAKEN
None.
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Bakersfield, California, September 19, 2001 - Page 4
8. CONSENT CALENDAR
Minutes:
a. September 5, 2001 Regular Council Meeting, and
September 5, 2001 Joint Redevelopment Agency
and City Council Meeting.
Payments:
b. Payments from August 24, to September 6, 2001
in the amount of $24,337,970.28; and Self
Insurance payments from August 24, to
September 6, 2001 in the amount of $119,571.82.
Ordinances:
C. Ordinance adopting a Negative Declaration and
amending Section 17.06.020 (Zone Map No.
102-34) of Title 17 of the Bakersfield Municipal
Code by changing the zoning from a Planned
Commercial Development (PCD) zone to a
revised Planned Commercial Development (PCD)
zone on 16.75 acres located on the north side of
Stockdale Highway, east of California Avenue to
allow installation of a gas fueling station (ZC No.
P01-0383). (First reading on 9/5/01) (ward 5
d. Ordinance amending Section 8.28.025 of the
Bakersfield Municipal Code relating to abatement
of weeds and waste matter. (Dust Control) (First
reading on 915101)
e. Ordinance amending Section 15.72.160 of
Chapter 15.72 of the Bakersfield Municipal Code
relating to historical preservation. (First reading
on 9/5/01)
Ordinance relating to the establishment of a
maintenance district to provide for all future
maintenance of any landscaping in the public
right-of-way and of any public park.
g. Ordinance amending Section 1.12.040 of the
Bakersfield Municipal Code by adding Annexation
No. 417 to Ward 4, located along the north side of
Rosedale Highway, east and west of Henry Lane.
(Ward 4)
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
ORD 4030
ORD 4031
REFERRED TO URBAN
DEVELOPMENT
COMMITTEE
FR
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Bakersfield, California, September 19, 2001 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
h. Resolution approving the destruction of certain RES 145-01
obsolete City records, documents, instruments,
books and papers, pursuant to Section 34090 ET
SEQ. of the Government Code of the State of
California - Public Works Department.
Resolution determining that the rehabilitation of RES 146-01
the heating, ventilating and air conditioning
(HVAC) system at City Hall can be best obtained
through the deign/building process, dispensing
with the usual bidding process.
j. Bakersfield Rescue Mission Emergency Housing
Shelter Project. (ward 2)
Resolution regarding the use of Housing RES 147-01
Set Aside monies outside the Downtown
Redevelopment Project Area.
2. Appropriate $75,000 Downtown
Redevelopment Area Housing Fund
balance to the Economic Development
Department Operating Budget.
Agreements:
k. Tract Maps/Improvement Agreements:
1. Final Map and Improvement Agreement AGR 01-216
with Ennis Homes, Inc., for Tract 5958,
Phase 2, located south of Hosking
Avenue, east of Stine Road. (ward 6)
2. Final Map and Improvement Agreements AGR 01-217
with Berkshire Country Estates, LLC, for AGR 01-218
Tract 6044, located south of Berkshire
Road, east of South H Street. (ward 7)
3. Final Map and Improvement Agreement AGR 01-219
with Communities At River Oaks, LLC, for
Tract 5999, Phase 2, located south of
River Run Boulevard, west of Buena Vista
Road. (ward 4)
Agreement to Indemnify LAFCO for City AGR 01-220
Annexation No. 420, uninhabited territory located
along the west side of Stine Road, between Taft
Highway and McKee Road. (ward 6)
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Bakersfield, California, September 19, 2001 - Page 6
& CONSENT CALENDAR continued
M. Sale of City Surplus Property: (ward t)
Sales Agreement with Mr. Reyna for
$14,000 to purchase property located at
720 Lakeview Avenue.
n. Agreement with Aquatics Club of Bakersfield for
use of Silver Creek swimming pool. (ward 5)
o. 2002 Health Care Contracts:
Amendment No. 9 to Agreement No. 93-
267 with Blue Cross of California
Insurance for Indemnity Health and Dental
Services.
2. Amendment No. 8 to Agreement No. 93-
266 with Blue Cross/California Care
Health Plans for Medical Services.
3. Amendment No. 5 to Agreement No. 96-
148 with Blue Cross of California for the
Medicare Risk plan Senior Secure.
4. Amendment No. 4 to Agreement No. 97-
320 with Kaiser Permanente Health Plans
for Medical Services.
5. Amendment No. 4 to Agreement No. 97-
321 with Kaiser Permanente Health Plans
for Medical Services for retirees.
6. Amendment No. 10 to Agreement No. 91-
280 with dedicated Dental Systems, Inc.
for pre-paid Dental Services.
Amendment No. 9 to Agreement No. 92-
278 with Medical Eye Services and
Security Life Insurance Company for
Vision Services.
8. Amendment No. 5 to Agreement No. 96-
149 with PacifiCare Inc. for the Medicare
Risk plan Secure Horizons for retirees.
9. Amendment No. 1 to Agreement No. 00-
262 with Pacific Union Dental for pre-paid
dental services.
ACTION TAKEN
AGR 01-221
DEED 5466
AGR 01-222
AGR 93-267(9)
AGR 93-266(8)
AGR 96-148(5)
AGR 97-320(4)
AGR 97-321(4)
AGR 91-280(10)
AGR 92-278(9)
AGR 96-149(5)
AGR 00-262(1)
Bakersfield, California, September 19, 2001 - Page 7
8. CONSENT CALENDAR continued
o. 10. Amendment No. 1 to Agreement No. 00-
263 with PacificCare Behavioral Health of
California, Inc. for Managed Mental Health
Care.
P. Reimbursement Agreement: (ward 6)
ACTION TAKEN
AGR 00-263(1)
Reimbursement Agreement with Hanover AGR 01-223
Park Homeowners' Association for
improvements to the Hanover Circle alley
including reconstruction of V-gutter and re-
paving.
2. Transfer $17,000 of Capital Improvement
Program Appropriations from the Street
Maintenance Chip/Slurry Seal project to
fund Developer's reimbursement.
q. Amendment No. 1 to Agreement No. 99-243/RA
99-3 to sell real property to the Bakersfield
Redevelopment Agency. (ward t)
Amendment No. 5 to Agreement No. 97-140 with
Tiburon, Inc. regarding software maintenance
services for City's Computer Aided Dispatch and
Records Management Systems for $74,250.
S. City Center Project: (ward 2)
Agreement with PG&E for relocation of a
gas transmission line for $80,000
2. Appropriate and transfer $80,000 ACCEL
refund from the Risk Management Fund to
the Capital Improvement Budget in the
Capital Outlay Fund for relocation of a
PG&E gas transmission line.
Bids:
Accept bid to award contract to E & M Contractors
Company, $206,550.95 for the traffic signal at the
intersection of Truxtun Avenue and Truxtun Plaza
West Project. (ward 5)
AGR 99-2431RA99-3(1)
AGR 97-140(5)
DELETED
CON 01-224
267
U. Reject bid for the installation of traffic signal
emergency vehicle pre-emption devices at various
locations throughout the city.
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Bakersfield, California, September 19, 2001 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
V. Appropriate $3,720 grant funds from the Great
Valley Center to the Development Services
operating budget to offset staff's time for the New
Valley Connexions Regional GIS Standards
Project.
W. Purchase of banners from the Downtown
Business and Property Owners Association. (ward
2)
Motion bySalvaggiotoadopt Consent Calendarltems APPROVED
a. through w. with the deletion of Item s. and separate
consideration of Item c.
C. Ordinance adopting a Negative Declaration and
amending Section 17.06.020 (Zone Map No. ORD 4029
102-34) of Title 17 of the Bakersfield Municipal
Code by changing the zoning from a Planned
Commercial Development (PCD) zone to a
revised Planned Commercial Development (PCD)
zone on 16.75 acres located on the north side of
Stockdale Highway, east of California Avenue to
allow installation of a gas fueling station (ZC No.
P01-0383). (First reading on 9/5/01) (ward 5
Motion by Hanson to approve Consent Calendar Item APPROVED
C.
Mayor Hall announced all recesses will be limited to five
minutes.
9. HEARINGS
a. Resolution ordering the vacation of is` Street RES 148-01
between Chester Avenue and Eye Street. (ward 2)
Jack Hardisty, Development Services Director,
gave a brief update.
Hearing opened 8:08 p.m.
No one spoke at hearing.
Hearing closed 8:08 p.m.
Motion by Benham to adopt the resolution. APPROVED
Bakersfield, California, September 19, 2001 - Page 9 269
9. HEARINGS continued ACTION TAKEN
b. Ordinance adopting a Negative Declaration and FR
amending Section 17.06.020 (Zone Map No.101-
12) of Title 17 of the Bakersfield Municipal Code
by changing the zoning from Estate One-Family
Dwelling (E) to One-Family Dwelling (R-1) on
69.22 acres, from E to One-Family Dwelling
Church (R-1 CH) on 10.80 acres and from
Agriculture (A) to R-1 on 77.15 acres. (This is a
follow-up for zoning (without apartments) which
was denied along Snow Road) (ward a)
Staff comments by Jack Hardisty, Development
Services Director gave a brief update.
Hearing opened 8:11 p.m.
The following individuals spoke in opposition of
staff recommendation: Barbara Lomas and Anita
Huerta.
Bob Smith spoke in support of staff
recommendation.
Barbara Lomas spoke in rebuttal in opposition of
staff recommendation.
Bob Smith spoke in rebuttal in support of staff
recommendation.
Hearing closed 8:20 p.m.
Brian Batey was recognized to speak and answer
questions and voluntarily agreed to conditions
based on Couch's commitment to require same of
other land owners in Section 12.
Bob Smith was recognized to speak and
voluntarily agreed to conditions.
Couch recommended first reading with the
following conditions:
• Minimum of 7,200 sq. ft. lots in R-1 area,
still realizing there is some estate zoning
at the southern portion of Snow Road;
• On any cul-de-sac that there be houses at
the end of the cul-de-sac unless required
by the school district to do end-to-end
where there wouldn't be a house.
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Bakersfield, California, September 19, 2001 - Page 10
9. HEARINGS continued ACTION TAKEN
C. Appeal by Robert Miranda of an order and RES 149-01
decision of the Building Director, ordering the
abatement of a public nuisance located at 901 E.
Planz Road. (ward 1)
Jack Hardisty, Development Services Director,
made brief comments and introduced Randy
Fidler, Chief Code Enforcement Officer, who gave
a computer presentation, and submitted written
material.
Hearing opened 8:57 p.m.
Robert Miranda spoke in opposition of staff
recommendation.
Hearing closed 9:01 p.m.
Motion by Carson to adopt the resolution to APPROVED
uphold the order and decision of the hearing
officer and deny the appeal by Robert Miranda.
d. Resolution confirming the report of the Chief Code RES 150-01
Enforcement Officer regarding assessment of 16
Milham Drive in the City of Bakersfield for which a
dangerous building has been demolished. (ward 1)
Hearing opened 9:13 p.m.
No one spoke at hearing.
Hearing closed 9:13 p.m.
Motion by Carson to adopt the resolution. APPROVED
e. Resolution confirming the report of the Chief Code RES 151-01
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. (ward 1)
Hearing opened 9:14 p.m.
No one spoke at hearing.
Hearing closed 9:14 p.m.
Motion by Carson to adopt the resolution. APPROVED
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Bakersfield, California, September 19, 2001 - Page 11
10. REPORTS
a. Solid Waste Division - Recycling:
1. County Landfill Fee Structure
2. Recycling Systems for Household
Recyclables and Wet Waste.
Kevin Barnes, Solid Waste Director, gave a
computer presentation and answered questions.
Motion by Maggard to accept report.
Mayor Hall recessed the meeting at 10:10 p.m. and
reconvened at 10:15 p.m.
b. Ward Reapportionment
Jack Hardisty, Development Services Director,
gave a brief update and introduced Dave Dow,
Assistant Planner, who gave a computer
presentation.
Hanson requested a copy of the ward
reapportionment.
C. Resolution establishing Council policy for
evaluating requests for financial assistance from
non-profit groups.
ACTION TAKEN
APPROVED
NAT
RES 152-01
Motion by Maggard to adopt the resolution APPROVED
and conditions and adding funding to
Bakersfield Senior Center, $50,000;
Bakersfield Museum of Art, $25,000; and
Bakersfield Symphony, $46,000.
d. Status Report on Riverwalk Plaza Project.
Alan Tandy, City Manager, gave a brief update.
11. DEFERRED BUSINESS
None
12. NEW BUSINESS
None.
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Bakersfield, California, September 19, 2001 - Page 12
13. COUNCIL & MAYOR STATEMENTS ACTION TAKEN
Benham thanked Fire Chief Fraze, Police Chief Matlock,
Capt. Lynn and Battalion Chief Shapazian for their
assistance with the High School event.
Benham referred to staff a request from neighbors of
Patriots Park regarding restricting permits for
amplified music permits at the cement platform near
the apartments, and requested a response back.
Benham stated she received a compliment from a citizen
for Asst. City Manager John Stinson regarding an
excellent response to their request for a bike path clean-
up at Manor Drive.
Benham stated she would like to incorporate some
additional thoughts into the Implementation Plan for
the Charrett Process and requested staff provide a
report back within one month, on how to get a
strategic plan or Downtown Element of the General
Plan and wants to make sure redevelopment and city
policies are complimentary and mutually supportive
of this process.
Benham encouraged everyone to attend the opening
event of the Russell & Remington exhibit at the Museum
of Art.
Maggard requested staff provide Council with a copy
of the response to Mc Mitchelrs letter.
Maggard requested staff review the issue of traffic
delays atthe Intersection ofAsheand Stockdale Hwy.
due to the repairs being made to the signal and
suggested the possibility of having traffic directed to
expedite traffic flow.
Maggard thanked Borton Petrini & Conron, particularly
George Martin and Bonnie Fitzgerald, for displaying their
U.S. flags early as a response to citizens' requests to
show patriotic support due to the attack on America.
Couch requested Public Works Director Rojas meet
with him to discuss Norris Road Issue.
Couch thanked Stan Ford for responding to a citizen's
concern regarding a park issue.
Couch referred to Urban Development Committee the
issue of lot sizes for discussion.
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Bakersfield, California, September 19, 2001 - Page 13
13. COUNCIL & MAYOR STATEMENTS continued ACTION TAKEN
Couch referred to staff the issue of considering the
use of money allocated for the stadium, if the
stadium project is not feasible, for future fire(police
stations and requested a staff report.
Couch requested Fire Chief Fraze provide a
memorandum responding to the following questions
regarding Workshop c., Fire Station space needs:
• What happen to the community room?
• What's the need for the extra bay?
• What are some of the reasons for the cost
increases.
Couch made comments regarding zone change issues
and comments made by Sullivan.
Sullivan responded to Couch's comments.
Sullivan thanked Mayor Hall for his part in the Community
Memorial Service held on 9/16/01.
Sullivan made comments regarding "See You at the Pole"
where students gather before school to pray.
Salvaggio requested staff expedite the Truxtun
Avenue and Truxtun Plaza West traffic signal project.
Salvaggio requested staff have a pre-construction
meeting regarding signal at Monitor.
Salvaggio requested staff keep him posted regarding
the Gwendolyn Sewer Project.
Salvaggio referred to Legislative and Litigation
Committee the issue of the Fireworks Ordinance for
possible amendments.
Carson took a moment to reflect on the Attack on
America that occurred on September 11, 2001 and
expressed sympathy to the victims, families, and public
safety men/women of this tragedy. Thanked Mayor Hall
for arranging the Community Memorial Service. Also,
acknowledged the "Celebration of Life" of Dr. Joseph
Anderson.
Mayor Hall thanked staff for their assistance and support
in organizing the Community Memorial Service.
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Bakersfield, California, September 19, 2001 - Page 14
13. COUNCIL & MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall made comments regarding a letter received
from Benham that was forwarded to the Transit District,
regarding transportation problems of clients and
recipients of the homeless center and stated Hall
Ambulance will provide transportation to meet the needs
of the community.
Mayor Hall made comments regarding streamlining
council meetingsandrequested Council submitideas
and recommendations to the City Clerk for
consideration.
14. ADJOURNMENT
Mayor Hall adjourned the meeting at 12.19 a.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
~,1dJQC]e LA
CITY CLERK and Ex Officio Cler I the
Council of the City of Bakersfield