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HomeMy WebLinkAbout04/10/02 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 10, 2002 Council Chambers, City Hall, 1501 Truxtun Avenue Pm-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, Couch, Hanson (seated at 6:10 p.m.), Sullivan (seated at 5:23 p.m.) None ACTION TAKEN 2. WORKSHOP a. City Council Goal Setting. Alan Christensen, Assistant City Manager gave a brief overview of goals, provided written material and answered questions. Motion by Salvaggio to recess to Closed Session at 5:38 p.m. APPROVED AB HANSON CLOSED SESSION Conference with Legal Counsel Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9 City of Bakersfield vs. Equilon Enterprises, LLC; Kern County Superior Court Case No. 245340 JES; City of Bakersfield vs. Equilon Enterprises, LLC, Wanamaker, et al.; Kern County Superior Court Case No. 245338 SPC Conference with Legal Counsel Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9. Robert Johnson and Tony Eddington vs. The City of Bakersfield; United States District Court Case No. CV-F-01-5870 AWl DLB NAT NAT 9O Bakersfield, California, April 10, 2002 - Page 2 CLOSED SESSION continued AC~ON TAKEN Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property 1029 13"~ Street, Bakersfield, CA (APN 006-521-01); Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: Eugenia L. Goosby-Marshall and Ronald Goosby on behalf of Estate of Frank J. Goosby; Under Negotiation: Price and terms of payment for purchase. NAT Conference with Legal Counsel Potential Litigation; Significant exposure to litigation pursuant to Subdivision (b)(3)(E) of Government Code Section 54956.9. Two potential cases. NAT License/Permit Determination for One applicant; This Closed Session is authorized pursuant to Section 54956.7 of the Government Code. NAT Motion by Salvaggio to adjourn from Closed Session at 7:02 p.m. APPROVED REGULAR MEETING INVOCATION by Rev. David Goh, and son Hunter, Bakersfield Community Church PLEDGE OF ALLEGIANCE by Angelina Roman, 6t~ Grade Student and Class President, Thorner Elementary 3. ROLL CALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard, Couch, Hanson, Sullivan Absent: None CLOSED SESSION ACTION Mayor Hall announced there was no Closed Session action as reflected on pages 1 and 2. Bakersfield, California, April 10, 2002 - Page 3 9! PRESENTATIONS Mayor Hall presented a Proclamation to representatives from the Keep Bakersfield Beautiful Committee proclaiming April, 2002 as "Keep Bakersfield Beautiful Month". Dana Karcher, Colleene Cashmore, John Enriquez and Keith Stoller accepted the proclamation. Mayor Hall presented a Proclamation to Lavonne C. Hall, 2002 Chairperson of Options Unlimited, proclaiming April 25, 2002, as "Options Unlimited, The Bakersfield Women's Business Conference Day". Lavonne C. Hall, introduced Elaine McNery, Pat DeMond, Rhonda Smiley, Dana Nichole and Lorraine Buschar-Dang. ACTION TAKEN Mayor Hall recognized Bart Thiltgen, City Attorney. Bart Thiltgen, City Attorney, stated a legal position has been taken by the City Attorney's Office, the Development Services Department requested the City Attorney's Office assist in evaluating a legal question associated with a normal site plan review process for an application by The Silver Rhino, a proposed strip club. Extensive research has been done, as a result of the evaluation of the existing zoning regulations dating back to 1954 and as a result of determination that the subject trailer park, which is within 1,500 feet of that proposed location is being regulated and is being inspected as a Mobile Home Site by the State of California, the determination is, that Trailer Park is in fact a Mobile Home Park which is a residentially zoned situation in the City of Bakersfield, therefore I have issued an opinion to the Development Services Department that to issue an approval of the site plan would be in violation of the Bakersfield Municipal Code because that park is within 1500 feet. Bakersfield, California, April 10, 2002 - Page 4 PUBLIC STATEMENTS The following individuals spoke regarding Public Health Merit Badge Day tour on March 27, 2002 of the City Waste Water Plant and Greenwaste Facility: Kyle Horton, Boy Scouts Troop 47; Kacy Augdon, Troop 80, recognized Preston George, Wastewater Division; Chris Lajoy, Troop 16, recognized Mike Lane, Wastewater Division; Andrew Kishimoto, Troop 16, recognized April West, Wastewater Division; Tyler Thortenfruit, Troop 16, recognized Wen-Shi Cheung, Wastewater Division; Jeffrey Lajoy, Troop 16, recognized Larry Hooker, Solid Waste Division, Chad Horton, Troop 47, recognized Kevin Barnes, Solid Waste Division. Jerry Randall spoke in opposition of issuance of a liquor license at 903 Baker Street, submitted written information. Alan Tandy, City Manager, stated staff will address Mr. Randall's concerns. The following individuals spoke regarding Consent Calendar Item 8.qq. Adult-related businesses: Michael Powell; Valerie Powell; Matthew Hall and Monique Rogers. Benham made comments regarding Consent Calendar Item 8.qq. and requested Jack Hardisty, Economic Development Sen/ices Director, explain research done prior to legal opinion. Mr. Hardisty responded. Curt Dalton spoke regarding honoring Rick Mears, submitted written material. ACTION TAKEN APPOINTMENTS Two appointments to the Bakersfield Redevelopment Agency, terms expire April 22, 2002. Motion by Salvaggio to reappoint Thomas Mishoe and Leonard Schroeder to the Bakersfield Redevelopment Agency, terms expiring April 22, 2006. Bakersfield, California; April 10, 2002- Page 5 APPOINTMENTS continued Two appointments to the Planning Commission by Wards 2 and 4, term expires April 30, 2002. Correspondence dated April 9, 2002, has been received from Percy Robinson requesting Council's consideration for appointment to the Planning Commission. Motion by Benham to appoint Wm. Edward Blockley (Ward 2), to the Planning Commission, term expiring April 30, 2006. Motion by Couch to appoint Burr Ellison (Ward 4), to the Planning Commission, term expiring April 30, 2006. APPROVED APPROVED CONSENT CALENDAR Minutes: March 18, 2002 Joint City Council/Board of Supervisors Special Meeting, and Mamh 20, 2002 Council Meeting. Payments: Payments from Mamh 8, to March 28, 2002 in the amount of $9,050,871.34; and Self Insurance payments from March 8, to March 28, 2002 in the amount of $651,601.37. Ordinances: Adoption of an ordinance adding Chapter 1.34 and amending Sections 8.80.110B, 8.80.140B, 8.80.150A and 8.80.160 of the Bakersfield Municipal Code relating to administrative appeals. (First reading March 20, 2002) First reading of an ordinance amending Section 3.20.105 of the Bakersfield Municipal Code relating to Contract Procedures. ORD 4053 FR 9¸4 Bakersfield, California, April 10, 2002 - Page 6 CONSENT CALENDAR continued First reading of an ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-31) of Title 17 of the Bakersfield Municipal Code by changing the zoning from PUD (Planned Unit Development) Zone to Revised PUD (Planned Unit Development) Zone approving five additional dwelling units for the Glenwood Gardens Senior Residential Development on 20.33 acres located at 350 Calloway Drive. (File #02-0108) (Ward 4) First reading of an ordinance amending Section 1.12.040 of the Bakersfield Municipal Code by adding Annexation No. 420 to Ward 6, located along the west side of Stine Road, north of Taft Highway. (Ward 6) First reading of an Ordinance amending Section 1.12.040 of the Bakersfield Municipal Code by adding Annexation No. 421 to Ward 4, located along the north side of Brimhall Road, near Verdugo. (Ward 4) Resolutions: Resolution of Intention No. 1268 adding territory, Area 1-31 (Brimhall, Southport SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Application proposing proceeds for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 434, located along the west side of Allen Road, approximately 1,000 feet south of Rosedale Highway. (Ward 4) Bakersfield Amtrak Station: (Ward 2) Resolution authorizing the filling of an application with the Kern Council of' Governments for allocation 'of Transportation Development Act funds for Fiscal Year 2002-03 to be utilized for the maintenance of the Bakersfield AMTRAK Station during said fiscal year, A__C._.~_O~TAKEN ~* FR FR FR ROI 1268 RES 049-02 RES 050-02 Bakersfield, California, April 10, 2002 - Page 7 95 CONSENT CALENDAR continued Appropriate $1,000 Interest Income and $21,415 fund balance to the Public Works Department's Operating Budget within the Amtrak Operating Fund for operation and maintenance costs for the Bakersfield Amtrak Station. Resolution authorizing use of $20 million in Right of Way savings from the Westside Parkway for road rehabilitation projects. Resolution regarding a forum for citizens' concerns regarding closure and shortage of emergency rooms in the community. Resolution adding territory, Area 1-32 (Hageman, Knudsen North) 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 4) no Resolution adding territory, Area 2-25 (Old River, Pacheco NW) 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 4) Resolution to implementing local Government Transportation Control Measures in the Severe Area Ozone Plan for the San Joaquin Valley. Authorization to apply for State Park Bond Act of 2000 Funds for the Dr. Martin Luther King Jr., Swimming Pool Rehabilitation Project. (Ward 1) Resolution approving the applicant to apply for grant funds for the Murray- Hayden Urban Parks and Youth Service Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 in the amount of $813,000. ACTION TAKEN RES 051-02 RES 052-02 RES 053-02 RES 054-02 REMOVED FOR SEPARATE CONSlDERATION RES 056-02 Bakersfield, California, April 10, 2002 - Page 8 CONSENT CALENDAR continued New Job Specification, Reclassification and Change to Salary Schedule: Amendment No. 4 to Resolution No. 122-01 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Park Construction & Facilities Planner. New Job Specification: Park Construction & Facilities Planner. Reclassification: Supervisor II - Parks to Park Construction & Facilities Planner. Agreements: r. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6013, Phase 2, located north of Hageman Road, east of Fruitvale Avenue. (Ward 4) Final Map and Improvement Agreements with Riverlakes Investment Company, LLC for Tract 6048, located north of Olive Drive, east of Calloway Drive. (Ward 4) Agreement to Indemnify LAFCO to City Annexation No. 429, Proceeding 1321, inhabited, territory located north of Ming Avenue, west of Anita Lane. (Ward 7) Agreement to Indemnify LAFCO for City Annexation No. 430, Proceeding 1323 uninhabited territory located at the northeast corner of Noriega Road and Allen Road. (Ward 4) Agreement to Indemnify LAFCO for City Annexation No. 432, Proceeding 1331 uninhabited territory, located at the southwest corner of Jewetta Avenue and Olive Drive. (Ward 4) Agreement with Mogavero Notestine Association for conducting the Southeast Charrette, not to exceed $74,000. (Ward 2) ACTION TAKEN RES 122-01(1) AGR 02-081 AGR 02-082 AGR 02-083 AGR 02-084 AGR 02-085 AGR 02-086 AGR 02-087 AGR 02-088 Bakersfield, California, April 10, 2002 - Page 9 CONSENT CALENDAR continued Southeast Bakersfield Infill Housing Project: (Ward l) Agreement with Maranatha Corporation for 100,000 in HOME Investment Partnership (HOME) funds to acquire property to construct affordable single family homes in the Lakeview/Cottonwood vicinity of the Southeast Bakersfield Redevelopment Project Area. Appropriate Prior Year Entitlement ($35,201), Prior Year Program Income ($45,716) and transfer HOME contingency ($19,083) to the Economic and Community Development Operating Budget within the HOME Program Fund for the Southeast Bakersfield Infill Housing Project. Sale of City owned surplus property: (Ward 1) Agreement with Mt. Elgon Corporation to sale City-owned surplus property located at 407, 417, and 425 Lakeview Avenue for $10.00. Appropriate $2,850 CDBG prior year entitlement to the CDBG operating budget for escrow fees and related reports. Westside Parkway Project: Design Consultant Contract with URS Corporation Americas for preliminary highway geometric design, not to exceed $100,000. Appropriate $250,000 fund balance to the Capital Improvement Budget within the Transportation Development Fund for design consultant costs and right-of-way acquisition costs. Assignment of Contract No. 02-048 with Brown Armstrong Accountancy Corporation, Allen Road Sewer Project (Scales Construction) AGR 02-089 AGR 02-090 DEED $623 DEED 5624 CON 02-091 CON 02-048(1) Bakersfield, California, April 10, 2002 - Page 10 CONSENT CALENDAR continued aa. Amendment No. 2 to Agreement No. 01-143 with Sturgeon & Sons to add $90,000, (total annual contract amount of $496,000) to provide median island modification and street pulverizing for the Streets Division, earthmoving for the Mt. Vernon Greenwaste Facility, and rental of a water truck for the Water Department. bb. Amendment No. I to Agreement No. RP 01-081 with K.M. Scrivner, Inc. to add $3,106 (total contract amount $27,747) for additional planters, trees and shrubs for Union Avenue Median Landscape Project. (Ward 2) CC. Contract Change Order No. 1 to Agreement No. 01-064 with Granite Construction in the amount of $121,772.92, (total contract amount of $2,097,447.92) for the White Lane Street Resurfacing and Street Widening Construction from Wilson Road to Dovewood Street Project. (Ward 6) dd. Contract Change Order No. 1 to Agreement No. 02-028 with Granite Construction in the amount of $48,180 (total contract amount of $551,579) for the Roadway Widening, Striping and Traffic Signal Modification on Brimhall Road between Calloway Drive and Coffee Road Project. (Ward 4) Bids: ee. Kroll Way Bridge, west of Gosford Road: (Ward 5) Accept bid to award contract to Granite Construction Company in the amount of $248,010 to construct this project. License to Encroach on Right of Way with Arvin-Edison Water Storage District for Kroll Way crossing of the Arvin-Edison Canal. Appropriate $65,000 fund balance to the Capital Improvement Budget within the Transportation Development Fund (TDF). Accept bid from Jim Burke Ford, $106,336.23 for one (1) replacement Patch Truck for the Streets Division. ACTION TAKEN AGR 01-143(2) AB COUCH AGR 02-092 CON 02-093 DEED 5625 Bakersfield, California, April 10, 2002 - Page 11 CONSENT CALENDAR continued gg. hh. ii. jj. kk. II. Award Bid to Central Valley Truck Center, $176,844.53 for two dump trucks (additional) for Streets Division. Appropriate and transfer $52,000 General Fund beginning balance and $82,000 Council contingency to the Equipment Management Fund operating budget for two additional 10 cubic yard dump trucks for the Streets Division. Accept bid from Pioneer Equipment Company $29,547.38 for one replacement trencher for Parks Division. Accept bids from U. S. Traffic Corporation $33,247.55; 3M, $24,756.52; Synchronex, $12,226.50; and Pacific Lighting Sales $2,348.78, for traffic signal control equipment. Total $75,579.35 Replacement loader for Public Works: Rescind award to Construction Machinery, Incorporated, $88,641.05 for loader. 2. Accept bid from Quinn Company, $95,613.28 for one replacement loader. Miscellaneous: Transfer $45,000 from the Capital Outlay Fund/Capital Improvement Project Budget to the Equipment Management Fund ($20,000) and the General Fund ($25,000) operating budgets for the Department of Recreation and Parks. (Ward 2) Street Resurfacing/Reconstruction Program: Authorize the addition of one Heavy Equipment Operator and two Light Equipment Operators to the Street Division's operating budget within the General Fund to provide additional staffing for the City's resurfacing/reconstruction program. ACTION TAKEN Bakersfield, California, April 10, 2002 - Page 12 CONSENT CALENDAR continued mm. Addition to Management Information Systems (MIS) Staff: Approve two additional Office Systems Technicians. Transfer $19,000 from Council Contingency to the MIS Operating Budget in the General Fund to provide funding for two additional Office Systems Technicians. nh. Acceptance of 2000-01 Transportation Development Act Funds Financial Statement. 00. Recommend removal of Member Imogean McGill from the Citizens Advisory Committee due to excessive absences and recruitment of new member. pp. Cost Recovery Program Update. ACTION TAKEN DELETED REFERRED TO BUDGET & FINANCE COMMITTEE qq. Adult-Related Businesses. Couch announced conflict of interest on Consent Calendar item aa. due to source of income to himself. Motion by Salvaggio to adopt Consent Calendar Items a. through qq., with separate consideration of Item o. and deletion of Item oo. REFERRED TO LEGISLATIVE AND LITIGATION COMMITTEE APPROVED Resolution to implementing local Government Transportation Control Measures in the 9evere Area Ozone Plan for the San Joaquin Valley. RES 055-02 Motion by Couch to adopt Consent Calendar Item o. APPROVED L Bakersfield, California, April 10, 2002- Page 13 9. HEARINGS ACTIONTAKEN a. Adoption of Negative Declaration with mitigation measures for the State Route- 178/Fairfax Road Interchange Project. (ward 3) Raul Rojas, Public Works Director, made brief comments and introduced Aronold Ramming, Project Manager, who gave an overview presentation. Hearing opened at 8:27 p.m. Michael Lewis spoke in opposition of staff recommendation. Thefollowing individuals spoke insupport of staff recommendation: Dennis Foxand Pete Leveroni. Hearing closed at 8:37 p.m. Motion by Maggard to adopt the resolution APPROVED approving the Negative Declaration, with mitigation measures, for the State Route- 1781Fairfax Road Interchange Project. b. Red Light Photo Enforcement: 1. Public hearing regarding implementation of Red Light Photo Enforcement Program. AGR 02-094 2. Agreement with Redflex Traffic Systems, Inc.for Digital Automated Red Light Photo Enforcement Cameras. John Stinson, Assistant City Manager. gave a presentation. Hearing opened at 8:53p.m. No one spoke at hearing. Hearing closed at 8:53 p.m Lt. Tim Taylor, Bakersfield Police Department, Karen Finley, Vice President Redflex Traffic Systems, answered questions. APPROVED Motion by Salvaggio to approve the AB CARSON agreement. 102 Bakersfield, California, April 10, 2002- Page 14 10. REPORTS ACTION TAKEN None. 11• DEFERRED BUSINESS None, 12. NEW BUSINESS None. 13. COUNCIL & MAYOR STATEMENTS Couch commended Alan Tandy, City Manager, for the way he handled the issue regarding CSUB playing their basketball home games at Centennial Gardens. Couch referred to a letter from Cheryl Barbich and complimented Gene Bogart, Water Resources Manager, for his presentations regarding the water elements and park features. Couch referred to staff the issue of renaming Freeway 178 to Rick Mears Expressway. Couch referred to staff the issue of extensive watering of medians on Gosford Road, south of Stockdale Highway, north of Camino Media and at Hageman Road, east of Coffee Road, west ofPatton. Benham requested Steve Walker, Traffic Engineer, provide a status report of a previous request for handicappedspacesoutsidePark Place Apartments, by Central Park. Benham referred to staff a concern from a senior citizen regarding parking structure at the Convention Center being available only for handicapped access, and requested staff respond. Maggard applauded Jack Hardisty, Development Services Director, and his staff for their diligence in researching the zoning with regards to the mobile home park. Maggard asked if Council would consider recognizing David Karr, Fresno State Quarterback, and requested Mayor Hall help coordinate his return to Bakersfield for recognition. 13. Bakersfield, California, April 10, 2002- Page 15 COUNCIL & MAYOR STATEMENTS continued Maggard referred to Item 8.mm. and asked staff why funding for new positions was taken from Council Contingency and not the department, and stated if Council Contingency is Iow prior to the next budget Council can get reimbursed from that department. Hanson requested Urban Development Committee follow-up on issue regarding leaf blowers. Hanson asked staff if they were aware of a meeting on April 30, 2002 for development of a Darrell's Mini Storage near Seven Oaks. Development Services Director Hardisty stated staff did not initiate the meeting. Hanson made comments regarding items with only one bid received and hopes staff is following closely. Hanson congratulated City Manager Tandy on receiving a High Five recognition. Carson announced the Southeast Charette will be held on April 27-28, 2002 and encouraged everyone to attend. Carson wished her daughter, in Memphis TN, a Happy Birthday. Sullivan referred to Legislative and Litigation Committee the request to rename Freeway 178 to Rick Mears Expressway. Sullivan referred to Stan Ford, Recreation and Parks Director, the issue of a new skateboard park in the southwest, a temporary skateboard park location and funding, and requested he contact her. Salvaggio acknowledge City Manager Tandy's High Five nomination. Salvaggio requested staff consider a traffic light at Akere Road extension, north of Pacheco, as a priority for next budget session. Salvaggio referred to the Police Department the issue of speeding on Benton Street, between Wilson and Belvedere. Salvaggio referred to Public Works Director Roja$, problems at the intersection of Wible and Berkshire and stated he can meet with Traffic Engineer George Gillberg to review options. ACTION TAKEN Bakersfield, California, April 10, 2002 - Page 16 13. COUNCIL & MAYOR STATEMENTS continued Salvaggio requested staff provide an update regarding the sewers issue at the homes on Planz Road and Hughes Lane. Salvaggio requested staff provide an update regarding the Gwendolyn Street Sewer project, and a copy of the letter sent to property owners. Salvaggio stated he is pleased with the progress of the street resurfacing reconstruction program, Phase I. Salvaggio made comments regarding the hockey game. Salvaggio expressed appreciation and concern for City employee, Denise Sullivan, who is currently fighting cancer, and stated she continues to have a positive attitude. ACTION TAKEN 14. ADJOURNMENT Mayor Hall adjourned th~¢ np~eting.at 9.~.~p.rn. J?~ MA"~OI~ of the City of Bakersfie!~,/CA ATTEST: CITY CLERK and Ex Officio-Cler, r,r,~of the Council of the City of Bakersfiel{f