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HomeMy WebLinkAbout12/12/01 MINUTES CC333 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 12, 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: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard, Couch, Hanson, Sullivan Absent: None 2. WORKSHOP a. Capital Improvement Program Update. Ted Wright, Public Works Civil Engineer, gave a computer presentation and answered questions. Salvaggio requested a copy of the letter to be sent to residents explaining options to connect to sewer lines; also requested a copy of the written presentation. b. Report on Relocation of Recreation and Parks Department Offices. Alan Abe, Assistant Director of Recreation and Parks, gave a presentation. C. Report on Status of Entrance Signs Project. Ted Wright, Public Works Civil Engineer, gave a computer presentation, provided written material and answered questions. Motion by Benham to approve the green, yellow and blue colors for the City entry sign. Motion by Sullivan to approve the red color for the entry sign. ACTION TAKEN FAILED NS CARSON SULLIVAN SALVAGGIO HANSON APPROVED NS BENHAM 334 Bakersfield, California, December 12, 2001 - Page 2 3. CLOSED SESSION ACTION TAKEN Motion by Salvaggio to recess to Closed Session at APPROVED 6:15 p.m. a. Conference with Legal Counsel - Existing NAT Litigation; Closed Session pursuant 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 b. Conference with Legal Counsel - Existing NAT Litigation; Closed Session pursuantto Subdivision (a) of Government Code Section 54956.9; Joseph Wyatt, et al. vs City of Bakersfield, et al.; Kern County Superior Court Case No. 244305-SPC. Motion by Salvaggio to adjourn from Closed Session APPROVED at 6:33 p.m. REGULAR MEETING 1. INVOCATION by Pastor Mike Popovich, Olive Drive Church 2. PLEDGE OF ALLEGIANCE by Patrick Gomez, 5th Grade Student at Casa Loma 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 Retirement Plaque and Gift Certificate to James M. Shapazian, Fire Marshal, Bakersfield Fire Department, for 28.5 years of service to the City of Bakersfield. 3 5 Bakersfield, California, December 12, 2001 - Page 3 5. PRESENTATIONS continued b. Mayor Hall presented a Proclamation to Steve Schilling, Chief Executive Officer, Clinica Sierra Vista, proclaiming December 22, 2001 as "Clinica Sierra Vista Day". 6. PUBLIC STATEMENTS a. Jessica Boden and her cousin Kevin, expressed birthday wishes to their grandmother, Councilmember Jackie Sullivan. b. Jack Patton, Bakersfield Blaze, thanked Council and staff for their efforts regarding the City Center Project. C. Roberta Miller spoke regarding City services, such as police presence, trailer truck parking, graffiti and road conditions, south of Panama Lane, between Akers and Wible Roads. Sullivan requested staff provide her information regarding the completion of Hosking Road d. Patrick Steele spoke regarding a design ordinance for Downtown. Benham referred to staff the issue of a design ordinance for Downtown for review. e. Heather Mortsen, Department of Public Health- Tobacco Education Program thanked Council for their support on the ban of self service displays. f. Barbara Fields spoke regarding annexations. Stuart Gentry spoke regarding the City Center Project and requested Council provide a written response to the following: The status of the funds totaling approximately $106,000 for the PG&E work relocation of a gas line in the City Center Project area and the drafting work for the line relocation; What is the status for the $390,000 authorized for architectural work by HOK?; What is the status of the 2.2 million allocated for the stadium from the facilities replacement reserve and the roughly $900,000 balance still remaining; Also, what type of Council action is needed to reallocate the above questioned funds towards other Council goals? ACTION TAKEN 336 Bakersfield, California, December 12, 2001 - Page 4 6. PUBLIC STATEMENTS continued Salvaggio requested staff respond to Mr. Gentry in writing. h. Vicki Avila, Chief White Collar Steward, City Miscellaneous Employees, expressed gratitude of White and Blue Collar workers for time Council has taken to visit and speak to employees and also thanked City Manager Tandy and Office Administrator Rhonda Smiley for meeting with each department to discuss issues. 7. APPOINTMENTS a. Two appointments to the Miscellaneous Civil Service Board, due to the expiration of terms of Gonzalo Ramirez and Percy Robinson, terms expiring December 31, 2001. b. One appointment to the Police Civil Service Board due to the expiration of term of William R. Perry, term expiring December 31,2001. C. One appointment to the Fire Civil Service Board, due to the expiration of term of Jeffrey Vetter, term expiring December 31,2001. d. One appointment to the Kern Mosquito and Vector Control District, due to the expiration of term of Morris C. Mahlmann, term expiring December 31,2001. ACTION TAKEN Motion by Salvaggio to reappoint Gonzalo APPROVED Ramirez and Percy Robinson to the Miscellaneous Civil Service Board, terms expiring December 31, 2004; William R. Perry to the Police Civil Service Board, term expiring December 31, 2004; Jeffrey Vetter, term expiring December 31, 2004, and Morris C. Mahlmann to the Kern Mosquito and Vector Control District term expiring December 31, 2003. 337 Bakersfield, California, December 12, 2001 - Page 5 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. November 28, 2001 Council Meeting. Payments: b. Payments from November 16, to November 29, 2001 in the amount of $3,525,726.84; and Self Insurance payments from November 16, to November 29, 2001 in the amount of $142,072.11. Ordinances: C. Ordinance amending Bakersfield Municipal Code ORD 4040 Section 1. 12.040 by adding Annexation No. 419 to Ward 4, located along the south side of Brimhall Road, west of Jenkins Road. (First reading 11 /28/01) (Ward 4) d. Ordinance amending Bakersfield Municipal Code ORD 4041 Section 1. 12.040 by adding Annexation No. 418 to Ward 4, located at the southwest corner of Calloway Drive and Meacham Road. (First reading 11/28/01) (Ward 4) e. Ordinance amending Chapter 8.44 of the FR Bakersfield Municipal Code relating to fireworks. f. Ordinance amending Chapters 13.04.021 and 13.04.022 of the Bakersfield Municipal Code FR relating to Policy and Application Process for Maintenance Districts. Resolutions: Resolution of Intention No. 1261, adding territory, R011261 Area 1-28 (Truxtun Plaza East) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Wards) h. Resolution preliminarily approving Engineer's RES 183-01 Report, setting date for public hearing of protests for Assessment District No. 01-2 (Seven Oaks West II/River Walk/ Southern Oaks) for roadway improvements. (Ward 4) 338 Bakersfield, California, December 12, 2001 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN i. Resolution authorizing issuance and sale of RES 18401 General Obligation Water Refunding Bonds, Series 2001, in an amount not to exceed $5,500,000 and: 1. Approve the Bond Purchase Agreement AGR 01-348 with George K. Baum & Company; 2. Approve the Paying Agent Agreement with AGR 01-312 U.S. Bank Trust National Association; 3. Approve Bond Counsel Services AGR 01-313 Agreement with Orrick, Herrington & Sutcliffe LLP; 4. Approve Disclosure Counsel Services AGR 01-314 Agreement with Pillsbury Winthrop LLP; 5. Authorize preparation of Preliminary Official Statement; and 6. Authorize the Finance Director to execute documents and perform other duties necessary to consummate the transactions herein authorized. j. Authorization to apply for State Park Bond Act of 2000 Funds: 1. Resolution approving the Applicant to RES 185-01 apply for grant funds for the Per Capita Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000: 2. Resolution approving the Applicant to apply for grant funds for the Roberti- RES 186-01 Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; 3. Resolution approving the application for RES 187-01 grant funds in the amount of $402,865. 139 Bakersfield, California, December 12, 2001 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN k. Resolution supporting the establishment of an RES 188-01 off-road vehicle park proximate to Metropolitan Bakersfield. 1. Resolution restructuring the Composition of the RES 189-01 Local Task Force for Solid Waste. M. Resolution approving an amended Employees' RES 190-01 Deferred Compensation Plan authorizing implementation of the Plan and indemnifying the City's Advisory Committee. n. Amendment No.8 to Resolution No. 44-93 setting RES 44-93(8) Salaries and Related Benefits for the Temporary Unit (Minimum Wage Salary Adjustment) Agreements: o. Tract Maps/Improvement Agreements: 1. Final Map and Improvement Agreements qGR 01-315 with Castle & Cooke California, Inc. for qGR 01-316 Tract 6030, Phase A, located south of Ming Avenue, west of Buena Vista Road. (Ward 4) 2. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6030, Phase B, located south of Ming Avenue, west of Buena Vista Road. (Ward 4) 3. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6030, Phase C, located south of Ming Avenue, west of Buena Vista Road. (Ward 4) 4. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6055, Phase A, located south of Ming Avenue, west of Buena Vista Road. (Ward 4) AGR O1-317 AGR O1-318 AGR 01-319 AGR 01-320 5. Final Map and Improvement Agreement qGR Of-321 with Castle & Cooke California, Inc. for Tract 6055, Phase B, located south of Ming Avenue, west of Buena Vista Road. (Ward 4) 340 Bakersfield, California, December 12, 2001 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN o. 6. Final Map and Improvement Agreement AGR 01-322 with Castle & Cooke California, Inc. for Tract 6055, Phase C, located south of Ming Avenue, west of Buena Vista Road. (Ward 4) 7. Final Map and Improvement Agreement AGR 01-323 with Castle & Cooke California, Inc. for Tract 6055, Phase D, located south of Ming Avenue, west of Buena Vista Road. (Ward 4) 8. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for AGR 01424 Tract 6001, Phase A, located north of AGR 01-325 White Lane, west of Buena Vista Road. (Ward 4) 9. Final Map and Improvement Agreements AGR 01-326 with Castle & Cooke California, Inc. for AGR 01-327 Tract 6001, Phase B, located north of White Lane, west of Buena Vista Road. (Ward 4) 10. Final Map and Improvement Agreements AGR 01-328 with Castle & Cooke California, Inc. for AGR 01-329 Tract 6001, Phase C, located north of White Lane, west of Buena Vista Road. (Ward 4) 11. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for AGR 01-330 Tract 5827, Phase G, located south of AGR 01-331 Brimhall Road, east of Jewetta Avenue. (Ward 4) 12. Final Map and Improvement Agreements AGR 01-332 with Polo Greens West, LLC for Tract AGR 01-333 5758, Phase D, located south of Noriega Road, west of Old Farm Road. (Ward 4) 13. Final Map and Improvement Agreements AGR 01-334 with Polo Greens West, LLC for Tract AGR 01-335 5758, Phase E, located south of Noriega Road, west of Old Farm Road. (Ward 4) 14. Final Map and Improvement Agreements AGR 01-336 with Kyle Carter Homes Inc. for Tract AGR 01437 5993, Phase 2, located south of Snow Road, west of Calloway Drive. (Ward 4) 341 Bakersfield, California, December 12, 2001 - Page 9 8. CONSENT CALENDAR continued o. 15. Novation between B Squared, LLC, subdivider of recorder, Republic Properties, inc. and G.W. Homes, a Joint Venture, subdivider, and the City of Bakersfield for Tract 5001, Phases 3 and 4, located north of Hosking Avenue, east of South H Street. (ward 7) 16. Improvement Agreement with Church of God Evening Light Saints for Parcel Map 10746, located north of Brundage Lane, west of Oswell Street. (ward 1) P. Agreement with Allright Central Parking, Inc. for management services at the City's 18th and Eye Street Parking Structure. (Ward 2) q. Agreement with Equilon Enterprises, LLC and North Kern Water Storage District to allow discharge of treated groundwater into the Calloway Canal System. (Ward 4) r. S. Bids: Physical Assessment Contracts: 1. Agreement with Central Valley Occupational Medical Group. 2. Agreement with Southwest Urgent Care Center. 3. Agreement with Williard B. Christiansen, M.D. Inc. Contract with Jones Hall for bond counsel services in an amount not to exceed $25,000. t. Accept bid to award annual contract to AmeriPride Uniform Services, not to exceed $350,700 for uniform rental and laundry service for four year period. U. Accept bid to award contract to Brown & Fowler Construction, $522,516 for CBK Station 1 and CBK Station 5 facility upgrade, for the Water Resources Department. (ward 4) V. Accept bid from Telcom, Incorporated, $182,997.82 for Microwave equipment for the Telecommunications Division of Public Works. ACTION TAKEN AGR 01-338 AGR 01-339 AGR 01-340 AGR 01-341 AGR 01-342 AGR 01-343 AGR 01-344 CON 01-345 CON 01-346 CON 01-347 342 Bakersfield, California, December 12, 2001 - Page 10 8. CONSENT CALENDAR continued w. SCADA (Supervisory Control and Data Acquisition) System Conversion: Appropriate and transfer $5,000 Sewer Enterprise Fund balance to the Public Works Department Operating Budget within the Equipment Management Fund to provide sufficient funds to award bid. 2. Accept bid from Applied Technology Group, $30,206.10 for SCADA System Conversion. Miscellaneous: X. Appropriate $28,000 Transportation Development Act Article 3 Funds to the Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund for the University Avenue Bike Lane Project. (Ward 3) Y. Relocation of City Recreation and Parks Department Offices and authorization for the City's Real Property Manager to negotiate lease terms. (Ward 2) Z. Audit Reports: 1. Comprehensive annual Financial Report (CAFR) for the Fiscal Year ended June 30, 2001. 2. Independent Auditors Report -Single Audit Report -Schedule of Federal Expenditures for the City of Bakersfield for the Fiscal Year ended June 30, 2001. 3. IndependentAuditors Report -Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan forthe year ended June 30, 2001. 4. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the Fiscal Year ended June 30, 2001. ACTION TAKEN .r.r REMOVED FOR SEPARATE CONSIDERATION REFERRED TO BUDGET & FINANCE COMMITTEE 343 Bakersfield, California, December 12, 2001 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN Z. 5. Independent Auditors Report -Required Communication with Audit Committees in accordance with statement on Auditing Standards #61. 6. Independent Auditors Report on Internet Control Structure of the City of Bakersfield for the Fiscal Year ended June 30,2001. Motion by Sa/vaggio to adopt Consent Calendar Items APPROVED a. through z. with separate consideration of Item y. y. Relocation of City Recreation and Parks Department Offices and authorization for the City's Real Property Manager to negotiate lease terms. (ward 2) Motion by Hanson to refer Consent Calendar Item &y. APPROVED back to staff for further consideration, to be brought back to Council at a later date. 9. HEARINGS None. 10. REPORTS a. Water Board Report No. 2-01 regarding an amendment to the City Water Resources Policy. Motion by Salvaggfo to accept Report and APPROVED adopt amended Policy Statement. b. City Center/Creekside Plaza. NAT Alan Tandy, City Manager, gave a status report. Maggard requested staff explore options for property owners that have been affected by this project, and property owners who want to remain in this area; also is there other certain pieces of property that the City might acquire for future development. Maggard requested staff review the timing of this project and explore if this was to occur again in the future, how we can be more accommodating and it can go smoother. 34 4 Bakersfield, California, December 12, 2001 - Page 12 10. REPORTS continued b. Couch requestedstaffprovide a memorandum explaining what will be said to people and property owners in the area. Maggard requested staff determine ways to access what community demands are for facilities. 11. DEFERRED BUSINESS None. 12. NEW BUSINESS None. 13. COUNCIL & MAYOR STATEMENTS Maggard requested staff invite Mr. Decker, who's business is nearby Sandstone's, to the Urban Development Committee meeting and to agendize his concerns regarding development in area, use of property, railroad crossings, etc. Maggard requested staff prepare a resolution of support for expanding the DARE Program to be considered at the next meeting. Maggard extended a Merry Christmas to colleagues and staff. Hanson stated it has been very enjoyable serving on the City Council and encouraged citizens of Bakersfield to have the time to give consideration to some public service. Hanson wished everyone a Merry Christmas and Happy Holidays. Couch wished the citizens of Bakersfield a Merry Christmas. ACTION TAKEN Benham thanked staff and colleagues for a wonderful first year on the Council. 345 Bakersfield, California, December 12, 2001 - Page 13 13. COUNCIL & MAYOR STATEMENTS continued ACTION TAKEN Sullivan expressed appreciation to Mayor Hall and stated it has been a pleasure serving under Mayor Hall this past year. Sullivan read a prepared statement expressing Christmas and Holiday blessings. Carson extended birthday wishes to Councilmember Sullivan and a Merry Christmas to all. Mayor Hall wished Council, staff, media and citizens of Bakersfield a happy and safe holiday season. 14. ADJOURNMENT Mayor Hall adjourned the MAY6R$f theeity of Bakersfield, CA AT TEST: CL Il (IM11,4 A. CITY CLERK and Ex Officio CI k of the Council of the City of Bakersfi 0