HomeMy WebLinkAbout10/24/01 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 24, 2001
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
287
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham
Maggard, Couch, Hanson, Sullivan
(seated at 5:30 p.m.)
None
ACTION TAKEN
2. WORKSHOP
Status of funding and phasing issues for the
Bakersfield Systems Study.
Jacques LaRochelle, Assistant Public Works
Director, gave a presentation.
Status Report on Police Decentralization Study.
(Substations)
Dr. Craig Fraser, Police Executive Research
Forum, gave a computer presentation.
Couch requested staff provide a memorandum
regarding options of funding if there is a
shortage of funds for police or fire
substations.
Ward Reapportionment (Jack Hardisty,
Development Services Director)
Mayor Hall recessed the workshop at 5:59 p.m. to
the City Manager's Conference Room to discuss
ward reapportionment.
Motion by Maggard to adjourn from the
workshop at 7:03 p.m.
NAT
NAT
NAT
APPROVED
3. CLOSED SESSION
None.
288
Bakersfield, California, October 24, 2001 - Page 2
REGULAR MEETING
INVOCATION by Pastor Harold Bryan, Citygate Christian
Fellowship
PLEDGE OF ALLEGIANCE by Kristen Barnes, 5th grader
at Heritage Christian Schools
ROLL CALL
Present:
Absent:
Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham
Maggard, Couch, Hanson, Sullivan
None
AC~ON TAKEN
CLOSED SESSION ACTION
None.
Assistant City Clerk Gafford announced Hearing Items a.
and b. have been deleted from the agenda.
PRESENTATIONS
Mayor Hall presented a Proclamation to Darren
Powers, President of the Bakersfield Association
of Realtors and Sheila Henderson, Chairperson of
the Christmas Cantree Campaign, proclaiming
November 2001 as "Christmas Cantree Month."
Raui Rojas, Public Works Director, presented to
Mayor Hall the American Public Works
Association's Project of the Year Award for the Q
Street Underpass/New Bakersfield Amtrak
Station. (Ward 2)
Randy Raymond, Sr. presented a check from
Kern Law Enforcement Association to Start Ford,
Recreation and Parks Director, for improvements
on City property for the California Highway Patrol
Memorial.
PUBLIC STATEMENTS
Imam Sayed Rashed, Bakersfield Islamic Center,
spoke regarding Muslim concerns and thanked
Mayor Hall for his support.
289
Bakersfield, California, October 24, 2001 - Page 3
PUBLIC STATEMENTS continued
b. Stuart Gentry spoke regarding the City Center
project, submitted written correspondence.
Salvaggio requested City Manager Tandy
respond to correspondence from Mr. Gentry.
c. William F. Funk spoke regarding removal of alley
parking, submitted pictures.
d. Derek Tisinger spoke regarding military leave.
e. Barbara Fields spoke regarding positive
annexation changes.
ACTION TAKEN
7. APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. October 3, 2001 Council Meeting.
Payments:
Payments from September 22, to October 11,
2001 in the amount of $7,731,994.95; and Self
Insurance payments from September 22, to
October 11, 2001 in the amount of $380,557.97.
Ordinances:
Ordinance adopting a Negative Declaration and
amending Section 17.06.020 (Zone Map No. 103-
31) of Title Seventeen of the Bakersfield Municipal
Code by changing the zoning from C-2 (Regional
Commercial) to PCD (Planned Commercial
Development) zone on 4.3 acres located on the
southwest corner of Union Avenue and California
Avenue (1101 Union Avenue) to allow the
construction of a grocery store and gas fueling
islands. (ZC No. P01-0539) (First reading
10/3/01) (adoption) (Ward 1 )
ORD 4034
290
Bakersfield, California, October 24, 2001 - Page 4
CONSENT CALENDAR continued
d. Streamlining of City Council Meetings:
Ordinance amending Section 2.04.010
Subsections B and C of Section 2.04.070,
and Subsection A, Paragraph 7 of Section
2.04.110 of the Bakersfield Municipal
Code relating to Council Meetings.
Ordinance amending Section 17.06.020 (Zone
Map No. 123-02 & 123-03) of Title 17 of the
Bakersfield Municipal Code by changing the
zoning from Planned commemial Development to
a revised Planned Commercial Development zone
on 4.96 acres located at the southeast corner of
Stockdale Highway and Village Lane, 5001
Stockdale Highway, to allow the construction of a
wireless communications tower. (ZC No.
P01-0599) (Ward 2)
Resolutions:
Resolution of Intention No. 1240 adding territory,
Area 4-21 (Mt. Vernon, Bernard) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3)
Resolution of Intention No. 1250 to establish
Traffic Signal Maintenance District TS-7 (Mt
Vernon, Bernard NE), preliminarily adopting,
confirming and approving Public Works Director's
Report. (Ward 3)
Resolution of Intention No. 1255 adding territory,
Area 1-26 (Brimhall, Jewetta NE) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4)
Resolution of Intention No. 1256 adding territory,
Area 3-16 (Old River Road, Pacheco SW) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward S)
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSlDERATION
FR
ROI 1240
ROI 1250
ROI 1255
ROI 1256
291
Bakersfield, California, October 24, 2001 - Page 5
CONSENT CALENDAR continued
Resolution of Intention No. 1257 adding territory,
Area 4-22 (Oswell, E. Brundage NW) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1)
Resolution of Intention No. 1258 to order the
vacation of a portion of old (superseded) Coffee
Road, south of Burlington Northern Santa Fe
Railway. (Ward 4)
Resolution supporting a downtown location for the
High-Speed Rail Station. (Ward 2)
Amendment No. I to Resolution No. 153-01
revising the dates of Regular Meetings of the
Council during the month of November, 2002.
Changes to Salary Schedule and New and
Revised Job Specifications:
Amendment No. 13 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
Rehabilitation Specialist and Survey Party
Chief 1/11.
Obsolete Classification: Rehabilitation
Specialist
Revised Job Specifications:
Communications Technician 1/11
Title Change and Revised Job
Specifications: Survey Party Chief 1/11
Agreements:
o. Tract Map/Improvement Agreements:
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5430, Phase C, located north of
White Lane, west of Old River Road. (Ward
4)
ACTION TAKEN
ROI 1257
ROI 1258
RES 159-01
RES 153-01(1)
RES 66-99(13)
AGR 01-239
,292
Bakersfield, California, October 24, 2001 - Page 6
CONSENT CALENDAR continued
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5430, Phase D, located north of
White Lane, west of Old River Road. (Ward
4)
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5882, Phase 1C, located south of
Brimhall Road, east of Allen Road. (Ward 4)
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5882, Phase 1D, located south of
Brimhall Road, east of Allen Road. (Ward 4)
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5882, Phase 7A, located south of
Brimhall Road, west of Jewetta Avenue.
(Ward 4)
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5882, Phase 7B, located south of
Brimhall Road, west of Jewetta Avenue.
(Ward 4)
Final Map with ADH Corporation for Tract
5948, Phase D, located south of Virginia
Avenue, east of Oswell Street. (Ward l)
Agreement with Bethany Services for $60,000 of
Emergency Shelter Grant funds to support the
essential services and operating costs necessary
to continue services at the Bakersfield Homeless
Center, 1600 East Truxtun Avenue. (Ward 2)
Agreement with Bakersfield Rescue Mission,
$42,030 of Emergency Shelter Grant funds to
support the essential services and operating costs
necessary to continue services at the Bakersfield
Rescue Mission, 830 Beale Avenue. (Ward 2)
r. Property Acquisition: (Ward 2)
Purchase Agreement with Pacific Gas &
Electric Company, $12,000 to purchase
real property at the southeast corner of
14th & P Streets.
ACTION TAKEN
AGR 01-240
AGR 01-241
AGR 01-242
AGR 01-243
AGR 01-244
AGR 01-245
AGR 01-246
AGR 01-247
AGR 01-248
AGR 01-249
AGR 01-250
AGR 01-251
DEED 5479
293
Bakersfield, California, October 24, 2001 - Page 7
CONSENT CALENDAR continued
Appropriate $13,000 Offstreet Parking
fund balance to the Capital Improvement
Budget.
Appraisal Contract with Launer & Associates,
$30,000 for Assessment District No. 01-2. (Ward 4)
Amendment No. I to Agreement No. 98-34 with
Prudential Overall Supply to increase annual
contract for uniform rental and cleaning service by
$40,000 to $343,388.80.
Amendment No. 1 to Agreement No. 00-240,
Memorandum of Understanding with the County of
Kern for a contribution to the new airport terminal
at Meadows Field.
Bids:
Accept bid of $679,565 and award contract to
Wood Bros., Inc. for "Northeast Bakersfield Water
Supply Reservoir~' for the Water Resources
Department. (Ward 3)
Construction of wrought iron fence at International
Square: (Ward 2)
Accept bid to award contract to Himco
Security Products in the amount of
$35,507 for the construction of the
wrought iron fence at International Square.
Appropriate $7,760 prior year CDBG
entitlement to the Public Works Capital
Improvement Budget within the HUD-
CDBG Entitlements Fund.
Reject bid for Holmatro Rescue Equipment for the
Fire Department.
Accept bid to award contract to Granite
Construction Company, $1,297,731 for
construction of Bellevue Weir for the Water
Resources Department. (Ward 4)
Sale of surplus computers with monitors (47) and
printers (23) to Rick Maynard, a computer
refurbisher, for the high quote of $1,006. (Ward 4)
ACTION TAKEN
CON 01-252
A G R 98-34(1)
AGR 00-240(1)
CON 01-253
CON 01-254
CON 01-255
Bakersfield, California, October 24, 2001 - Page 8
CONSENT CALENDAR continued
Miscellaneous:
aa.
Appropriate $126,000 Park Improvement Fund
Balance to the Non-Departmental Operating
Budget to reimburse the Developer of River Oaks
Ranch Park. (Ward 4)
bb.
Acceptance of Grant Deed for approximately 300
square feet of a future park site at the southeast
corner of Sherlock Park Drive and Chamber
Boulevard. (Ward 4)
CC.
Accept State Grant Award for local enforcement of
Tobacco Control Law.
Tobacco Control Grant was awarded from
the State of California Department of
Health Services in the amount of $204,232
from October 1, 2001 through June 30,
2004.
Approve one additional Fire Investigator
position and appropriate the $88,687 to
the Fire Department's Operating Budget
within the General Fund.
dd.
Accept Centennial Garden Financial Statements
for the 2000-01 Fiscal Year.
ee.
First Night Bakersfield request for financial
assistance. Budget & Finance Committee
recommends denial of request for direct financial
support and the City continue providing "in-kind"
assistance only to First Night Bakersfield in an
amount up to $40,040
Authorize the Economic Development Director to
extend the loan limit of $35,000 for Single Family
Rehabilitation Agreement #SFR01-046 by
$13,000. (Ward 1)
gg.
Acceptance of Historic Preservation Commission
2000/01 Fiscal Year Annual Report.
ACTION TAKEN
DEED 5480
Motion by Salvaggio to adopt Consent Calendar Items APPROVED
a. through gg., with separate consideration of Item d.
Bakersfield, California, October 24, 2001 - Page 9
CONSENT CALENDAR continued
d. Streamlining of City Council Meetings:
1. Ordinance amending Section 2.04.010
Subsections B and C of Section 2.04.070,
and Subsection A, Paragraph 7 of Section
2.04.110 of the Bakersfield Municipal
Code relating to Council Meetings.
ACTION TAKEN
FR
295
HEARINGS
Public hearing to determine whether the public
interest and necessity require acquisition by
eminent domain of a street right-of-way easement
located at 6917 Akers Road, Bakersfield,
California, for the Akers Road widening project.
(Code of Civil Procedure Section 1245.230 et.
seq.) (Ward 7)
DELETED
Public hearing to determine whether the public
interest and necessity require acquisition by
eminent domain of property interests (easements)
located at 2144 Parker Lane, Bakersfield,
California, for the Mohawk sewer line extension
project. (Code of Civil Procedure Section
1245.230 et seq.) ( Unincorporated area of Kern
County) (East of Ward 4)
DELETED
Public hearing to determine whether the public
interest and necessity require acquisition by
eminent domain of a street right-of-way easement
located east of Truxtun Avenue, west of
Commerce Drive, Bakersfield, California, for a
proposed Truxtun Avenue access road for Parcel
Map 10788. (Code of Civil Procedure Section
1245.230 et seq.) (Ward 5)
City Attorney Thiitgen gave a brief update.
Hearing opened at 7:44 p.m.
No one spoke at hearing.
Hearing closed at 7:44 p.m.
Motion by Hanson to adopt the Resolution of
Necessity.
RES 160-01
APPROVED
296
Bakersfield, California, October 24, 2001 - Page 10
HEARINGS continued
Resolution confirming the report of the Chief Code
Enfomement 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 1,2,3,6,7)
Jack Hardisty, Development Services Director,
requested Item No. 24. 432 Niles Street be
removed from the assessment list, the debt has
been paid.
Hearing opened at 7:45 p.m.
No one spoke at hearing.
Hearing closed at 7:45 p.m.
Motion by Salvaggio to adopt the Resolution
as amended.
Request to remove liens against 503 and 505 N
Street for cleanup by City. (Ward 1)
Jack Hardisty, Development Services Director,
gave a brief update.
Hearing opened at 7:46 p.m.
Gary Littles spoke in support of request to remove
liens.
Hearing closed at 7:52 p.m.
Motion by Carson to take no action.
Maggard asked for the record, how much money
has been expended by the City to clean up the
property owned my Mr. Little? Has the City been
reimbursed for fees expended to clean his
property? Jack Hardisty, Development Services
Director, responded the amount of the bid is $320
for each of the properties, plus the administrative
charges, and the fees were placed as a lien
against his property.
Motion by Benham to deny request to remove
liens.
ACTION TAKEN
RES 161-01
APPROVED
WITHDRAWN
APPROVED
NS CARSON
297
10.
Bakersfield, California, October 24, 2001 - Page 11
REPORTS
a. Ward Reapportionment.
Jack Hardisty, Development Services Director,
reviewed Workshop Options I and 2.
Motion by Sullivan to defer action until the
next Council meeting.
Mayor Hall recessed the meeting at 8:52 p.m. and
reconvened at 8:57 p.m.
Amended motion by Sullivan to approve ward
changes discussed and map configuration,
and to bring back final map at a later date for
formal approval.
Budget & Finance Committee Report No.
5-01 regarding Bakersfield Senior Center: (Ward 1)
Agreement with the Bakersfield Senior
Center for a one-time contribution of
$50,00O.
Transfer of $50,000 from Council
Contingency to the Non-Departmental
Budget in the General Fund for a financial
contribution to the Bakersfield Senior
Center.
Maggard gave a brief report.
Motion by Maggard to approve the transfer
and agreement for financial assistance to the
Bakersfield Senior Center.
Bakersfield Senior Center assistance request for
a Senior Housing Project.
Donna Kunz, Economic Development Director,
gave a brief update.
Motion by Carson to approve staff
recommendation, the City acquire, provide
relocation assistance, demolish or remove
structures, vacate any necessary streets, and
donate these additional parcels to the
Bakersfield Senior Center; and to provide the
necessary funds to acquire additional property
on 5~ Street for the Senior Center Housing
project.
ACTION TAKEN
NAT
APPROVED
AGR 01-256
APPROVED
APPROVED
298
10.
Bakersfield, California, October 24, 2001 - Page 12
REPORTS continued
c. Salvaggio recognized Valerie Mosiey, Consultant
with Vernon Strong Realty, to speak.
Maggard recognized David Strong to speak,
submitted written material.
Maggard recognized Vernon Strong to speak.
Motion by Maggard to call for the question.
AC~ON TAKEN
APPROVED
11.
DEFERRED BUSINESS
None.
12.
NEW BUSINESS
Possible changes to Military Leave Policy
(requested by Councilmember Sue Benham).
Motion by Benham to adopt a policy to provide
differential pay to the nine current military
employees in the event they are called to
report to duty, for the full time they are on
active duty, and to include the probationary
employee; the choice to opt out of City
medical coverage should be left up to the
employee; also the departments shall absorb
these costs until such time they need to come
to Council to tap into Council Contingency.
APPROVED
13.
COUNCIL & MAYOR STATEMENTS
Couch requested staff prepare a letter of thanks to
the legislators who voted in favor Assembly
Constitution Amendment No. 4 (ACA4) regarding a
return to source of the gas tax and requested staff
prepare a resolution of support.
Couch referred to City Attorney Thiltgen the review of
Senate Bill 975 to determine what affect it will have
on the City Center/Riverwalk project; how the
prevailing wage will be affected regarding the city
owned property that will be leased for $1.00 a year to
the developer; also requested legal opinion regarding
Senate Bill 974 regarding charter cities having a
chance to opt out of a public contract.
P99
13,
Bakersfield, California, October 24, 2001 - Page 13
COUNCIL & MAYOR STATEMENTS continued
Couch requested staff initiate legislative action
regarding group homes allowing more local control,
input.
Couch stated he will occasionally add to the Agenda, a
brief, informative report regarding Kern COG.
Couch requested Development Services Director
Hardisty discuss with him an issue regarding a 900
sq. ft. home in Ward 4.
Couch requested staff provide the status of the
Project Labor Agreement on a Downtown project, and
requested clarification regarding costs involved and
unions.
Couch made a comment regarding air quality, and now
water quality becoming an issue.
Couch thanked Fire Chief Fraze and Police Chief
Matlock regarding the distribution of information
regarding precautions of handling mail due to the
biochemical attacks.
Couch requested staff provide a status report
regarding the Allen Road Sewer Project. Thiltgen
responded.
Benham requested staff provide Council with a report
regarding the Bike path safety issues.
Carson thanked Council for their support of the senior
housing in Ward 1. Also apologized to Sue Benham, if
she offended her in any way during the discussion of ward
reapportionments.
Maggard requested staff bring the project labor
agreement back to Council as an action item on the
agenda.
Salvaggio requested Gene Bogart, Water Resources
Manager, reschedule the Water Board Meeting, due to
the Annual Water Association of Kern County
meeting scheduled on the same day, November 7~h.
and requested Mr. Bogart contact Water Board
members Salvaggio, Couch, and Hanson of the
rescheduled meeting. Salvaggio also requested staff
make reservations for the Annual Water Association
meeting for himself, his wife, Councilmembers Couch
and Hanson.
ACTION TAKEN
13.
Bakersfield, California, October 24, 2001 - Page 14
COUNCIL & MAYOR STATEMENTS continued
Salvaggio submitted a constituent's letter and
requested staff's assistance in responding.
Salvaggio requested Public Works Director Rojas
provide a status report regarding the Gwendlyn Street
sewer project.
Salvaggio re-submitted a letter regarding problem on
Dennon Street for staff's response.
Salvaggio thanked Chief Fraze, Leslie Devitt, and the Fire
Department for the open house on October 6th at Station
1.
Salvaggio thanked the Barber Automotive Group on the
ads that have been run recently in the Bakersfield
Californian expressing appreciation and support to the fire
and police men/women and armed fomes regarding the
attack upon our country; made comments regarding the
Billy Graham crusade; also read a letter from his mother,
Red Cross volunteer, in New York.
Mayor Hall complimented staff for outstanding work on
the 2000/01 Year End Review.
Mayor Hall thanked staff for the clean-up of property at
14th and Q Streets.
Mayor Hall made comments regarding the poor air quality
and expressed appreciation to Councilmember Maggard
for convening a public forum to discuss air quality.
Mayor Hall expressed appreciation to Council, City Staff
and the community for their efforts in making this
community better.
ACTION TAKEN
14. ADJOURNMENT
Mayor Hall adjourned the meeting at 11:02 p.m~ /
MAYOR o{the ~ity~f Bakersf~eld,~CA
ATTEST:
CLERK and Ex Officio (~rk of the
CITY
Council of the City of Bakersfield