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HomeMy WebLinkAbout04/24/02 MINUTES CC105 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 24, 2002 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 5:16 p.m.), Couch, Hanson, Sullivan (seated at 6:35 p.m.) None ACTION TAKEN 2. WORKSHOP Expanded Emergency Services by San Joaquin Community Hospital. City Clerk McCarthy announced due to unforseen circumstances the representative from San Joaquin Hospital is unavailable for this evenings workshop; Therefore, the workshop is cancelled and will be rescheduled at a later date. Motion by Salvaggio to recess to Closed Session at 5:16p. m. CLOSED SESSION Conference with Legal Counsel Potential Litigation; Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9; One potential case. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property: 1313 Q Street, Bakersfield, CA (APN 006-480-03); Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Party: Dave G. Cross on behalf of American Home Industries Corporation; Under Negotiation: Price and terms of payment for purchase. CANCELLED APPROVED AB SULLIVAN NAT NAT Motion by Benham to adjourn from Closed Session APPROVED at 6:52 p.m. Bakersfield, California, April 24, 2002 - Page 2 REGULAR MEETING INVOCATION by Pastor Erick Harm, Stine Road Baptist Church PLEDGE OF ALLEGIANCE by Matthew White, Cub Scout and 3rd Grade Student, Stockdale Christian Elementary School 3. ROLL CALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard, Couch, Hanson, Sullivan Absent: None ACTION TAKEN CLOSED SESSION ACTION No action taken. PRESENTATIONS Mayor Hall presented a Proclamation to Rhonda Smiley,. of the Public Employees Roundtable of Kern, proclaiming May 6-10, 2002 as "Public Employees Recognition Week". Mayor Hall presented to members of the Keep Bakersfield Beautiful Committee Certificates of Appreciation to Mr. John W. Lowrey and Mr. Rick Rhodes for taking pride in the appearance of their neighborhood; and also acknowledged Ralph Kitchen, Solid Waste equipment Operator who in addition to his work duties took the time to clean area where he was working. John Enriquez, Keep Bakersfield Beautiful Committee, presented certificates to Mayor Hall and introduced Colleen Cashmore, Recreation Specialist who spoke regarding the Great America Clean-Up, April 27, 2002. PUBLIC STATEMENTS a. Gregory Gavino spoke regarding pedestrian bridge at Bernard Street. Bakersfield, California, April 24, 2002 - Page 3 PUBLIC STATEMENTS continued The following individuals spoke regarding a Skate Park in the southwest: Tina Zimmerman and Jose Cornego. Benham referred to Community Services Committee the issue of additional skate parks in southwest. Carson requested Chief Matlock to look into giving warnings instead of tickets. Brad Hoffman spoke regarding Blitz Football, invited Council to the game on May 4, 2002, provided tickets and beads. Carson referred to Public Works comments by Gregory Gavino for review. The following individuals spoke regarding the Mayor's Youth Advisory council Project: Eugene Kwan; Gregory Reynolds; and Kathy Elliott. Mayor Hall acknowledge Chelsea Miranda, South High and Whitney Sandavol, Bakersfield Christian School. ACTION TAKEN 7. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. April 10, 2002 Council Meeting. Payments: b. Payments from March 29, to April 11,2002 in the amount of $4,979,141.01; and Self Insurance payments from March 29, to April 11,2002 in the amount of $159,878.35. Bakersfield, California, April 24, 2002 - Page 4 CONSENT CALENDAR continued Ordinances: Adoption of 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 No. 02-0180) (First reading 4/10/02) (Ward 4) Adoption of 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. (First reading 4/10/02) (Ward 6) Adoption of 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. (First reading 4/10/02) (Ward 4) Adoption of ordinance amending Section 3.20.105 of the Bakersfield Municipal Code relating to Contract Procedures. (First reading 4/10/02) Resolutions: Resolution adding territory, Area 1-31 (Brimhall, Southport SW) 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 determining that Bioxide (chemical) for sewer odor control and reduction of sulfide gas levels cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof; not to exceed $250,000 annually. ACTION TAKEN ORD 4054 ORD 4055 ORD 4056 ORD 4057 RES 058-02 REMOVED FOR SEPARATE CONSlDERATION Bakersfield, California, April 24, 2002 - Page 5 CONSENT CALENDAR continued Resolution ordering summary vacation of the superseded portions of County Road No. 912 (Morning Drive) between the north line of Parcel Map No. 2583 and Alfred Harrell Highway. (Ward 3) Assessment District No. 01-3, (Madison Grove/San Lauren/Mountain VistaNVestlake): (Ward 4) Resolution preliminarily approving Engineer's Report, setting date for public hearing of protests. Resolution approving form and substance of acquisition and disclosure agreements and authorizing changes thereto and execution thereof. Acquisition and Disclosure Agreement with Campus Park Development, LLC, a California limited liability company. Acquisition and Disclosure Agreement with Communities at Westlake, LLC, a California limited liability company. Acquisition and Disclosure Agreement with Kyle Carter Homes, Inc. a California Corporation. Acquisition and Disclosure Agreement with Rosedale Construction Company, a California Corporation. ACTION TAKEN RES 060-02 RES 061-02 RES 062-02 AGR 02-095 AGR 02-096 AGR 02-097 AGR 02-098 Bakersfield, California, April 24, 2002 - Page 6 CONSENT CALENDAR continued Authorization to apply for Proposition 12, Watershed, Wildlife and Parks Improvement Bond Act of 2000 funds for the replacement of aging Date palms and development of canopy cover in the Kern City Civic Association right of ways. (Ward 5) Resolution approving the applicant to apply for grant funds for the California Department of Forestry and Fire Protection Urban Forestry Grant Program under the Proposition 12 Watershed, Wildlife and Parks Improvement Bond Act of 2000 in the amount of $50,000. Resolution determining that the Police Department's Computer Aided Dispatch (CAD) System cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $1,080,000. Agreement with Versaterm Inc., not to exceed $1,080,000 for purchase of a Computer Aided Dispatch system. Appropriate $810,000 COPS MORE01 funds from the U.S. Department of Justice and $270,000 from Asset Forfeiture funds to the Capital Improvement Budget within the Capital Outlay fund for the purchase of a Computer Aided Dispatch System. m. Police Equipment: Resolution determining the PYXIS Audio Recording System cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $44,000. Transfer from the Internal Vehicles Vehicle Rental account, $44,000 to the Capital Outlay account for the purchase of a digital recording system for the purpose of recording police radio traffic and telephone calls in the Police Department Communications Center. ACTION TAKEN RES 063-02 RES 064-02 AGR O2-099 RES 065-02 Bakersfield, California, April 24, 2002 - Page 7 CONSENT CALENDAR continued Agreements: n. Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with Rex L. Martin for Tract 5923, Phase 2, located east of Kern Canyon Road, south of Chase Avenue. (Ward 3) Final Map and Improvement Agreement with Almond Tree Village for Tract 5941, Phase 4, located north of Berkshire Road, west of Monitor Street. (Ward 7) Agreement with Brown, Armstrong, Paulden, McCown, Hill, Starbuck & Keeter, Accountancy Corporation, $60,000 for a full scope annual audit of the 2001-02 Fiscal Year. General Plan AmendmentJZone Change No. 02-0030: (Ward 6) Agreement with Castle & Cooke Commercial-CA, Inc. a California Corporation, for the preparation of an Environmental Impact Report, and appropriation of $111,600 Developer's Contribution to the Development Services Operating Budget in the General Fund. Agreement with Jones and Stokes , $83,676 to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change NO. 02-0030, located at the southwest corner of Pacheco Road and Gosford Road. Assessment District No. 02-1 (Avalon/Belsera/Montara/The Woods): (Ward 4) Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services. Agreement with Phillsbury Winthrop, LLP, Disclosure Counsel, for legal services. Agreement with Wilson and Associates, for Assessment Engineering. ACTION TAKE~ AGR 02-100 AGR 02-101 AGR 02-102 ABS CARSON AGR 02-103 AGR 02-104 AGR 02-105 AGR 02-106 AGR 02-107 112 Bakersfield, California, April 24, 2002 - Page 8 CONSENT CALENDAR continued r. Mobility Opportunities via Education: Agreement with Kern County Superintendent of Schools for $370,000 of U.S. Department of Housing and Urban Development (HUD) FY 2000 EDI - Special Projects Grant funds for construction of an educational facility at 1515 Feliz Drive. (Ward 1) Appropriate $370,000 of EDI funds to the CDBG Operating Budget for reimbursement to Kern County Superintendent of Schools. s. Property Acquisition: (Ward 2) Purchase AgreementwithJoyce Monaco- Olivas, $141,000 to purchase real property at 1020 & 1022 California Avenue. Purchase Agreement with Kelle Lyn Perry- Coleman, $49,000 to purchase real property at 907 13th Street. Appropriate and transfer $200,000 unanticipated Motor Vehicle In-Lieu Taxes to the Capital Improvement Budget in the Off-Street Parking Fund for land acquisition, closing costs, relocation assistance. Reimbursement Agreement with Equilon Enterprises LLC, not to exceed $51,800 for services in easement acquisition action. Cooperative Agreement with County of Kern for use of Proposition 12 Funds to extend the Kern River Bike Path. (Ward 3) Cooperative Agreement with the Department of Transportation, State of California for realignment of Comanche Road at State Route 178. (Ward 3) Two-Year Lease Agreement with Manbir Singh, M.D. and Taran Singh, $18,495 annually for office space at 3945 Hughes Lane #D. (Ward 7) ACTION TAKEN AGR 02-108 AGR 02-109 AGR 02-110 DEED 5646 AGR 02-111 AGR 02-112 AGR 02-1'13 AGR 02-114 Bakersfield, California, April 24, 2002 - Page 9 CONSENT CALENDAR continued Amendment No. 1 to Agreement No. 78-146 with the County of Kern to lease real property, 2.99 acres for an animal shelter located at 201 South Mount Vernon Avenue. (~Vard 1) Amendment No. 2 to Agreement No. 99-334 with outside counsel Duane, Morris & Heckscher, $100,000 for legal services in the matter of North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919, total contract not to exceed $250,000. Bids: Accept bid from Stewart Electric Supply, Incorporated, $73,387.96 for traffic signal poles and equipment. (Wards 1,4,5,6) aa. Rejection of bids for Diesel Powered 55 foot Insulated Aerial Device. bb. Refuse and Yard Waste Containers for Solid Waste: Accept bid from Rehrig Pacific Company, $232,625.25 for additional containers contingent upon Council approval of FY 2002-03 Budget. Appropriate $62,000 Solid Waste Fund Balance to the Public Works Operating Budget for the purchase of 1,400 containers prior to June 30, 2002. Miscellaneous: CC. Miscellaneous appropriations: (Ward 3) Appropriate $135,000 fund balance to the Capital Improvement Budget within the Transportation Development Fund and reduce appropriations $119,500 within the ISTEA Fund and $15,500 within the Gas Tax Fund for the traffic signal at Mount Vernon and Panorama. ACTION TAKEN AGR 78-146(1) AGR 99-334(2) Bakersfield, California, April 24, 2002 - Page 10 CONSENT CALENDAR continued CC. 2. Appropriate $119,500 Federal Funds and $15,500 Fund Balance to the Capital Improvement Budgets within the ISTEA Fund and Gas Tax Fund respectively for the traffic signal at Panorama and Chumh. dd. Appropriate $46,000 current available revenues to the Old Town Kern-Pioneer Operations Funds for a consultant agreement for the preparation of Section 108 Federal Loan Applications and Brownfield Economic Development Initiative (BEDI) Grant Applications. (Wards 1,2) ee. Appropriate $70,882 from Office of Emergency Services to the General Fund Fire Department Operating Budget for overtime costs in mutual aid assignments. ff. Pacific Bell's request for an easement between Chamber Boulevard and Bromley Way to install underground communication facilities (Windermere Park). (Ward 4) gg. Authorize a Waiver of Sub-Grant Award for Juvenile Accountability Incentive Block Grant, (requested by the Kern County Probation Department). hh. Convert Office Systems Technician in Management Information Systems Division (MIS) from temporary to permanent status. ii. 2002 City Council Goals. ACTION TAKEN DEED 5631 REMOVED FOR SEPARATE CONSlDERATION Motion by Salvaggio to adopt Consent Calendar Items a. through hh. with separate consideration of Items h. and ii. APPROVED Resolution determining that Bioxide (chemical) for sewer odor control and reduction of sulfide gas levels cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof; not to exceed $250,000 annually. RES 059-02 Motion by Salvaggio to adopt Consent Calendar Item APPROVED Items h. Bakersfield, California, April 24, 2002 - Page 11 CONSENT CALENDAR continued ii. 2002 City Council Goals. Mayor Hall requested the following be included to Council Goal No. 6: Promote community pride and image as Item No. 5. No. 5 would read create landscape gateways, freeways, and arterial roads, increase freeway and entry point landscape standards. Create a highway landscape Improvement Plan in cooperation with Ca/ Trans and other local agencies and encourage community involvement. Work with these groups to obtain funding and complete these improvements. This new goal is consistent with the existing Council goals regarding improving our image and community. It also incorporates an objective from the quality of life section of the Vision 2020 Aotion Plan. Motion by Salvaggio to adopt Consent Calendar Item ii. as emended. HEARINGS Bakersfield High School has filed an appeal of the Board of Zoning Adjustment's decision to approve CUP No. 02-0090 to Kulbir Bajwa to allow general auto repairs/sales and a modification to eliminate the requirement for a six-foot high block wall on the north property line in a C-1 (Neighborhood Commercial) zone, located at 1700 California Avenue. (Ward 2) City Clerk McCarthy announced correspondence was received April 23, 2002 from David Reese withdrawing his appeal. Mayor Hall recognized David Reese, Principal, Bakersfield High School, who made comments regarding Bakersfield High School. AC~ON TAKEN APPROVED NAT Hearing to consider a resolution establishing sewer service user charges for Fiscal Year 2002- 03. Raul Rojas, Public Works Director, made brief comments. RES 066-02 Hearing opened at 8:06 p.m. Bakersfield, California, April 24, 2002 - Page 12 HEARINGS continued b. No one spoke at hearing. Hearing closed at 8:06 p.m. Motion by Salvaggio to adopt the resolution. ACTION TAKEN 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 1,2,3.6) Jack Hardisty, Development Services Director, requested Item No. 4. 6841 Lowrey Street be removed from the assessment list. Hearing opened at 8:09 p.m. No one spoke at hearing. Hearing closed at 8:09 p.m. Motion by Carson to adopt the resolution. RES 067-02 APPROVED 10. 11. 12. 13. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None. COUNCIL & MAYOR STATEMENTS Hanson stated Bakersfield is a beautiful city and extended appreciation to everyone for keeping it beautiful. Hanson wish Benham, Sullivan and Selvaggio a safe and wonderful time in Japan. Maggard thanked Mayor Hall for honoring Ned Permenter. 13. Bakersfield, California, April 24, 2002 - Page 13 COUNCIL & MAYOR STATEMENTS continued Benham commended Stan Ford, Recreation and Parks Director, and Paul Graham, Urban Forester, for grant application regarding Item 8.k. Benham referred to Gene Bogart, Water Resources Director, concerns from Andy Honig regarding water treatment facility in the northeast, and requested a response. Benham referred to Budget and Finance Committee correspondence from the Art Museum and Golden Empire Gleaners. Benham expressed support for Bakersfield High School. Carson announced the Charette process will begin this Friday thru Sunday, April 26-28, 2002 and invited everyone to attend, and thanked staff and citizens for their efforts in putting this together. Carson requested Fire Chief Fraze provide the following: · A progress report regarding the process of reviewing the old vs. the new fire stations City-wide, · Update of Stockdale Highway Fire Station regarding safety of entering/exiting and outside interest in purchasing that property, · Update regarding response times for all stations, · Update ofprevious concerns regarding Station No. 5. Couch thanked the Water Department staff for their efficient response to sump issues on Reed Street and requested to be advised if there are any further problems. Couch stated he will be forwarding pictures to staff of the specific tree he spoke to staff about. Couch stated he attended a Cai Cog meeting and referred to staff for review and possibly adoption by the City, The Principals for the Re-authorization for the Transportation Equity Act for the 21't Century by CalGOG and California Department of Transportation. Couch requested staff stay in contact with the activities of the group LOCAL (Leave Our Community Assets Local). ~AKEN 13. Bakersfield, California, April 24, 2002 - Page 14 COUNCIL & MAYOR STATEMENTS continued Couch stated he needs to talk with City Manager Tandy regarding a County issue. Couch stated he had an issue at Pin Oak Park. Hanson responded he is following up. Salvaggio made comments regarding the Out-call Massage Licensing proposal. Salvaggio referred to Public Works a concern from Lisa Gonzales regarding road paving on Gosford Road, between Stockdale and White Lane, and requested a memorandum. Salvaggio referred to Code Enforcement concerns from Stine Ranch Home Owners Association regarding parking on lawns. Salvaggio thanked Public Works Director Rojas for the update regarding the sewers at the homes on Planz Road and requested staff provide him with copies of all correspondence sent to homeowners being tested and results of dye tests. Salvaggio requested staff provide Council with a brief memorandum clarifying the skateboard issue at Silver Creek Park. Salvaggio requested staff provide an update regarding replacing the playground equipment at Planz Park. Salvaggio thanked Mayor Hall for his efforts for improving the landscaping on Freeway 99. Mayor Hall recognized David Carr, for his attributes with football and stated he may be here on May 8, 2002, if that's not possible, Mayor Hall will request Council be present on May 6, 2002 to give recognition. Mayor Hall announced miscellaneous employees who participate with BCMEMBA have raised over $10,000 for the local Cancer Relay for Life on April 27, 2002. ACTION TAKEN Bakersfield, California, April 24, 2002 - Page 15 13. COUNCIL & MAYOR STATEMENTS continued Mayor Hall made comments regarding freeway beautification on local freeways and encouraged staff to move forward in developing a Bakersfield Freeway Master Plan and Council to consider possibly forming a seven member community group. Mayor Hall recognized City Manager Tandy, Public Works Director Rojas, Ted Wright, Civil Engineer and Rhonda Smiley, Office Administrator/Public Relations, for their efforts and stated staff will be preparing correspondence to State Officials for their support. ACTION TAKEN 14. ADJOURNMENT Mayor Hall adjourned the.~/r,~-~ting at 8;35 ~ MAYOR of the 0ity of Bakersfield, CA/' ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield