HomeMy WebLinkAbout11/28/01 MINUTES CC321
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 28, 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
Present:
Absent:
Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham
Maggard (seated at 5:19 p.m.), Couch,
Hanson, Sullivan (seated at 5:22 p.m.)
None
2. WORKSHOP
Mayor Hall presented a Commendation Plaque to
David Lyman, Principal Planner, in recognition of
his commitment to the California Association of
Enterprise Zones.
NAT
Overview of Fire Department Swift Water Rescue
Program
Tim Lynch, Fire Captain, gave a computer
presentation and provided written material.
NAT
Demonstration of Light Air Van
Ron Fraze, Fire Chief, directed Council to the
front of City Hall, where Deputy Chief Hutton
demonstrated the Light Air Van.
NAT
Motion by Salvaggio to recess to Closed
Session et 5:50 p.m.
APPROVED
CLOSED SESSION
Conference with Legal Counsel - Anticipated
Litigation; Significant exposure to litigation
pursuant to Subdivision (b)(1) of Government
Code Section 54956.9 (One case)
NAT
322
Bakemfield, California, November 28, 2001 - Page 2
CLOSED SESSION continued
Conference with Legal Counsel Existing
Litigation; Closed Session pumuant to Subdivision
(a) of Government Code Section 54956.9. City of
Bakersfield vs Gerald D. Lucas, et al.; Kern
County Superior Court Case No. 242104-RA
NAT
Conference with Legal Counsel - Anticipated
Litigation; Significant exposure to litigation
pursuant to Subdivision (b)(3)(C) of Government
Code Section 54956.9 (One Case)
NAT
Motion by Benham to adjourn from Closed Session at
6:56 p.m.
APPROVED
REGULAR MEETING
INVOCATION by Monsignor Ronald Swett, St. Phillip the
Apostle Church
PLEDGE OF ALLEGIANCE by Thomas Benham, Student
Body President, Franklin Elementary 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. PRESENTA~ONS
Rhonda Smiley, Office Administrator/Public
Relations, presented to department winners in
recognition of outstanding service to the City of
Bakersfield the 2001 Excellence in Action Awards
to Janice Scanlan, City Attorney's Office; T. S.
Liew, M.I.S; Sheryl Harispuru, Development
Services Department; Jan Fulton, Economic/
Community Development; Leslie Devitt, Fire
Department; Karen Hulsey, Police Department;
Ray Phillips, Solid Waste Division; James
Lawson, Recreation & Parks Department; Steve
Lafond, Water Resoumes; and Sandra Jimenez,
Finance Department. Also the Extra Mile Award to
Don Hoggatt, Public Works.
Bakersfield, California, November 28, 2001 - Page 3
PRESENTATIONS continued ~
b. Denise Newton, PG& E, presented a $557,212
Energy Rebate to the City of Bakersfield.
PUBLIC STATEMENTS
a. John Decker spoke regarding Sandstone school
barrier.
Benham referred this issue to staff to follow-
up with the Superintendent of Schools.
b. Stuart Gentry spoke regarding the City Center
Project, submitted written material.
c. Barbara Fowler extended Thanksgiving wishes
and spoke regarding annexations.
APPOINTMENTS
Appointment of Public Works Director as regular
member and Assistant Public Works Director as
the alternate member to the Board of Zoning
Adjustment, terms expiring December 1, 2004.
Motion by Sslvaggio to approve.
APPROVED
CONSENT CALENDAR
Minutes:
a. November 14, 2001 Council Meeting.
Payments:
Payments from November 2, to November 15,
2001 in the amount of $4,753,391.96; and Self
Insurance payments from November 2, to
November 15, 2001 in the amount of $77,228.14.
Bakersfield, California, November 28, 2001 - Page 4
CONSENT CALENDAR continued
Ordinances:
Ordinance adopting a Negative Declaration and
amending Section 17.06.020 (Zone Map No. 102-
07) of Title 17 of the Bakersfield Municipal Code
by changing the zoning from R-1 (One-Family
Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial Development)
on 10.60 acres located at the northeast corner of
Jewetta Avenue and Olive Drive (ZC No. P01-
0219) and an amendment to Condition No. 2 of
Ordinance No. 3284 requiring applicant to develop
only his proportionate share of bridge construction
(Coleman Homes). (First reading 11/14/01) (Ward
4)
ORD 4037
Ordinance adopting the Negative Declaration and
amending Title 17 of the Bakersfield Municipal
Code and Zoning Map 101-26 from E (Estate) to
R-1 (One Family Dwelling) on 117.08 acres,
located north of Reina Road to Snow Road,
between Allen Road and Jewetta Avenue (ZC
P01-0520) (Centex Homes). (First reading
11/14/01) (Ward 4)
ORD 4038
Ordinance amending Subsection D and an
addition of Subsection F of Section 2.84.350 of
the Bakersfield Municipal Code relating to Annual
Vacation Leave. (First reading 11/14/01)
ORD 4039
Ordinance amending Bakersfield Municipal Code
Section 1.12.040 by adding Annexation No. 419 to
Ward 4, located along the south side of Brimhall
Road, west of Jenkins Road. (Ward 4)
FR
Ordinance amending Bakersfield Municipal Code
Section 1.12.040 by adding Annexation No. 418 to
Ward 4, located at the southwest corner or
Calloway Drive and Meacham Road. (Ward 4)
FR
Resolutions:
Resolution adding territory, Area 3-15 (McKee,
Racine) 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 6)
RES 177..01
Bakersfield, California, November 28, 2001 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
Resolution adopting the City of Bakersfield
Disadvantaged Business Enterprise Program for
use on federally funded highway improvement
project in the City of Bakersfield for Fiscal Year
2001-02
RES 178-01
Resolution in support of the B.I.G. (Business,
Industry, and Government) Coalition of the
Southern San Joaquin Valley.
RES 179-01
Agreements:
k. Tract Maps/Improvement Agreements
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 6043, Phase A, located north of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
AGR 01-276
AGR 01-277
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 6043, Phase B, located north of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
AGR 01-278
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 6043, Phase C, located north of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
AGR 01-279
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 6043, Phase D, located north of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
AGR 01-280
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 6043, Phase E, located north of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
AGR 01-281
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 6043, Phase F, located north of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
AGR 01-282
Bakersfield, California, November 28, 2001 - Page 6
CONSENT CALENDAR continued
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 6043, Phase G, located north of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
AGR 01-283
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 6043, Phase H, located north of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
AGR 01-284
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 6043, Phase I, located north of Ming
Avenue, west of Buena Vista Road. (ward
4)
AGR 01-285
10.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5940, Phase A, located south of
Campus Park Drive, east of Mountain
Vista Drive. (Ward 4)
AGR 01-286
AGR 01-287
11.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5940, Phase B, located south of
Campus Park Drive, east of Mountain
Vista Drive. (Ward 4)
AGR 01-288
AGR 01-289
12.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5940, Phase C, located south of
Campus Park Drive, east of Mountain
Vista Drive. (Ward 4)
AGR 01-290
AGR 01-291
13.
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5940, Phase D, located south of
Campus Park Drive, east of Mountain
Vista Drive. (ward 4)
AGR 01-292
14.
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5940, Phase E, located south of
Campus Park Drive, east of Mountain
Vista Drive. (ward 4)
AGR 01-293
15.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5940, Phase F, located south of
Campus Park Drive, east of Mountain
Vista Drive. (Ward 4)
AGR 01-294
AGR 01-295
327
Bakersfield, California, November 28, 2001 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
k. 16.
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5882, Phase 6A, located south of
Brimhall Road, east of Allen Road. (Ward 4)
AGR 01-296
17.
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5882, Phase 6B, located south of
Brimhall Road, east of Allen Road. (Ward 4)
AGR 01-297
18.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5882, Phase 6C, located south of
Brimhall Road, east of Allen Road. (Ward 4)
AGR 01-298
AGR 01-299
19.
Final Map and Improvement Agreements
with Curt Carter and Arleta Carter 1991
Revocable Living Trust for Tract 6058,
located at the southeast corner of
Hageman Road and Main Plaza Drive.
(Ward 4)
AGR 01-300
AGR 01-301
Agreement with Michael Brandman Associates,
$26,665 for the preparation of an environmental
document to cover the construction of a Pacific
Gas & Electric Substation. (Ward 3)
AGR 01-302
Agreement with the Kern High School District to
continue to provide security services for school
functions at Kern High School District locations.
AGR 01-303
Agreement with Riptide Aquatics for use of Jastro
Park swimming pool. (Ward 6)
AGR 01-304
Agreement with the Bakersfield Swim Club for
use of Jastro Park swimming pool. (Ward 6)
AGR 01-305
License Agreement with Burlington Northern
Santa Fe Railroad Company, $12,150 to allow
City to construct Mohawk Sewer, Phase II sewer
line under their railroad tracks. (Wards 4,5)
AGR 01-306
^6R 01-349
AGE 01-350
Transportation Impact Fee Agreement with Castle
and Cooke California, Inc. for Tracts 5882 and
5827, located on the south side of Brimhall Road
between Allen Road and Verdugo Lane. (Ward 4)
AGR 01.307
Amendment No. 3 to Agreement No. 97-283 with
HTE, $17,000 for a total contract amount of
$399,726, for developing multiple fee tables,
Planning data conversion and four additional
training days.
AGR 97-283(3)
Bakersfield, California, November 28, 2001 - Page 8
CONSENT CALENDAR continued
Contract Change Order No. 5 to Agreement No.
00-309 with Griffith Company, ($42,626, for a total
Contract amount of $1,111,201) for the
Resurfacing/Interconnect Various Streets in the
City of Bakersfield 1999-2000 Phase II Project.
(Wards 2,5,7)
Bids:
Traffic Signal and Lighting System Installation on
Auburn Street at Eissler Street. (Ward 3)
ABS MAGGARD
Accept bid to award contract to Loop
Electric Company, $80,849.50
CON 01-308
Transfer $15,000 of Capital Improvement
Program Budget Appropriations from the
Street Maintenance Chip/Slurry Seal
Project to the Traffic Signal and Lighting
System Installation on Auburn Street at
Eissler Street Project within the Gas Tax
Fund.
Mo
Accept bid from Fire Services Specialty and
Supply, $97,938.17 for five rescue tools.
Miscellaneous:
Nunn-Lugar-Domenici Domestic Preparedness
Equipment Program Grant (Bakersfield Fire
Department):
Accept $64,499.62 in equipment and
supplies from Nunn-Lugar-Domenici
Domestic Preparedness Equipment
Program Grant. (Weapons of Mass
Destruction)
Approve Fire Department Application for
an additional $279,997 Nunn-Lugar-
Domenici Domestic Preparedness
Equipment Grant.
Appropriate $279,997 Department of
Justice grant funds to the Fire Department
General Fund Operating Budget.
Maggard announced abstention from Item 8.t. due to
potential source of income.
Motion by Salvaggio to adopt Consent Calendar Items
a. through v.
APPROVED
HEARINGS
e.
Bakersfield, California, November 28, 2001 - Page 9
ACTION TAKEN
Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessments of
certain properties in the City of Bakersfield for
which dangerous buildings have been
demolished. (Wards 2,6)
RES 180-01
Jack Hardisty, Development Services Director,
gave a brief update.
Hearing opened at 7:32 p.m.
No one spoke at hearing.
Hearing closed at 7:32 p.m.
Motion by Benham to adopt the resolution.
APPROVED
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 1,2,3,5,7)
RES 181-01
Jack Hardisty, Development Services Director,
requested Item No. 12. 211 Columbus Street be
removed from the assessment list.
Hearing opened at 7:34 p.m.
No one spoke at hearing.
Hearing closed at 7:34 p.m.
Motion by Carson to adopt the resolution.
APPROVED
Resolution/Right of Way Exchange Agreement:
(Ward 4)
Resolution ordering the vacation of a
portion of old (superseded) Coffee Road
south of the Burlington Northern Santa Fe
Railway.
RES 182-01
Right of Way Exchange Agreement with
World Oil Corporation located on Coffee
Road, north of Brimhall Road, south of the
BNSF railroad tracks.
AGR 01-309
Hearing opened at 7:34 p.m.
329
No one spoke at hearing.
330
10,
Bakersfield, California, November 28, 2001 - Page 10
HEARINGS continued
c. Hearing closed at 7:35 p.m.
Motion by Couch to adopt the resolution and
approve the agreement.
REPORTS
a.
1976 General Obligation Water Bonds
Refinancing Proposal. NAT
Greg Klimko, Finance Director gave a report.
AQTION TAKEN
APPROVED
11. DEFERRED BUSINESS
12. NEW BUSINESS
Property Acquisition Mesa Marin Sports Complex:
(Ward 3)
Purchase Agreement with Frank A. and
Virginia Collins, $650,000 to purchase real
property at 1100 Kern Canyon Road.
o
Appropriate $600,000 from Park
Improvement Fund Balance to the Capital
Improvement Budget.
Appropriate $50,000 from Transportation
Development Fund Balance to the Capital
Improvement Budget.
Stan Ford, Recreation and Parks Director Staff
gave a computer presentation.
Carson requested staff provide a report on
balances of park Improvement funds available
for each ward.
Motion by Maggard to approve agreement and
appropriations.
AGR 01-310
AGR 01-311
DEED 5505
APPROVED
13.
COUNCIL & MAYOR STATEMENTS
Benham referred to Community Services Committee
the Issue of installation of City entry signs.
Benham referred to Public Works the issue of
possible over watering in median strips and concern
of causing street damage, requested a report back.
13.
Bakersfield, California, November 28, 2001 - Page 11
COUNCIL & MAYOR STATEMENTS continued
Benham requested staff provide clarification to
questions regarding City Center Project:
· The expiration date of DDA ?
· If terms ars not mst by December 18~ would
the project be dead?
· When will the resolution of necessity be
brought to Council for approval?
· Also requested staffprovide a copy of the site
plan to each Council member.
Maggard requested staff provide Council with
additional information regarding the City Center
Project: resolution of necessity, Oversite Committee
Review, and financing agreements, prior to voting on
this issue.
Maggard rsferrsd to Police Chief Matlock the issue of
Bio-sphers Chat Line and requested staff review that
they ars abiding by the law.
Maggard gave a brief update of the San Joaquin VaLley
Air Board meeting.
Couch would also like to receive additional
information rsgarding the City Center Project.
Couch requested Finance Director Klimko call him.
Couch stated he received letter from Ron Brummett,
Kern COG, regarding the Bakersfield System Study
and requested Mayor Hall respond.
Couch requested Public Works Director Rojas call
him.
Couch rsferrsd to staff a letter from Rosedale Rio
Bravo and requested staff's comments.
Couch referred to Legislation and Litigation
Committee the issue of Assembly Constitution
amendment four, regarding Gas Tax.
Hanson asked a question regarding the forgiveness of
loans related to hiring employees at some business, such
as Pleasant Holidays. City Manager Tandy responded.
Carson rsferrsd to Public Works a letter from David
Walker regarding stop signs along H Street.
Carson requested staff provide the status of the next
City~County meeting.
13.
Bakersfield, California, November 28, 2001 - Page 12
COUNCIL & MAYOR STATEMENTS continued
Salvaggio requested Public Works review Wilson
Road between Wible and So. H, Hughes and Fremont
for road repairs.
Salvaggio made comments regarding the City Center
Project.
Maggard asked Mr. Decker to speak with him.
Mayor Hall commended the Police and Water Resources
for their efforts regarding the bike path.
Mayor Hall thanked the City Manager and staff for the
High Speed Rail response.
Mayor Hall commended Councilmember Maggard for his
efforts regarding Air Quality Board.
ACTION TAKEN
14. ADJOURNMENT
Mayor Hall adjourned the meeting at 8'.~8 p.m.
MAYOR o~'the City of Bakersfield?CA
ATTEST:
CITY CLERK and Ex Officio Clerk o~'t~e
Council of the City of Bakersfield