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Home My WebLink About07/10/02 MINUTES CC201 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 10, 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: Vice-Mayor Salvaggio, Councilmembers Benham, Maggard, Couch, Sullivan Mayor Hall, Councilmembers Carson, Hanson ACTION TAKEN 2. WORKSHOP Update on the Kern County Solid Waste Management Advisory Committee's Study of Landfill Fees. Raul Rojas, Public Works Director, made brief comments and introduced Kevin Barnes, Solid Waste Director, who gave a presentation and answered questions. Benham requested staff work with the County of Kern regarding transfer stations and the possibility of additional advertising for curbside recycling thru public service announcements, donated newspaper space, etc. Couch requested Solid Waste Director Barnes define and provide Council with three to four recommendations he discussed in his presentation; how the contract haulers could participate in the transfer stations; and City/County review staffing levels and justification of cost to run operations. Maggard requested staff also include in the memorandum the consequences, cost and incentives if the City and County used parallel programs and if the County did not use the City green waste facility. NAT 202 Bakersfield, California, July 10, 2002 - Page 2 WORKSHOP continued Demonstration of Swift Water Rescue Team Program Fire Chief gave brief comments and a video presentation. Council recessed at 5:49 to the front of the City Hall to view the demonstration by Battalion Chief Ken Wiggins and Captain Tim Lynch. Motion by Couch to recess to Closed Session at 5:50 p.m. ACTION TAKEN NAT APPROVED AB HANSON CARSON CLOSED SESSION Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957. Motion by Maggard to adjourn from Closed Session at 6:55 p.m. CONTINUED TO JULY 31, 2002 APPROVED AB HANSON CARSON REGULAR MEETING 1. INVOCATION by Pastor Pat Harrelson, Harvest Christian Church 2. PLEDGE OF ALLEGIANCE by Tynon Martinez, 5th Grade Student, Independence Elementary School 3. ROLL CALL Present: Absent: Vice-Mayor Salvaggio, Councilmembers Carson (seated at 7:30 p.m.) Benham, Maggard, Couch, Sullivan Mayor Hall, Councilmember Hanson CLOSED SESSION ACTION Vice Mayor Salvaggio announced Closed Session Action as reflected on Page 1. 203 Bakersfield, California, July 10, 2002 - Page 3 5. PRESENTATIONS ACTION TAKEN Councilmember David Couch presented a Mayor's Proclamation to members of Stockdale Christian School Band proclaiming July 10, 2002 as "Stockdale Christian School Band Day". Larry Moxley and Mr. Scutter, Band Director, accepted the proclamation and introduced band members. PUBLIC STATEMENTS The following individuals spoke regarding the Aquatic Center: Mark Pasquini, submitted pictures and specifications of aquatics complex written material; Becky Hall, Spencer Harris and Beth Vetter. Benham referred to staff the pictures and specifications of aquatics complex written material submitted by Mr. Pasquini, for review. Ted Cederblom spoke regarding "In God We Trust". The following individuals spoke regarding Taxi Stands: Armando Elenes, translator for Raymond Martinez; and Anselmo Marin. Benham referred the request for Taxi Stands in Bakersfield to the Legislative & Litigation Committee meeting on July 22, 2002, at 1 p.m., City Manager's Conference Room, for review. 7. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. June 26, 2002 Council Meeting. Payments: Payments from June 14, to June 27, 2002 in the amount of $5,964,405.62; and Self Insurance payments from June 14, to June 27, 2002 in the amount of $356,361.66. Bakersfield, California, July 10, 2002 - Page 4 CONSENT CALENDAR continued Ordinances: Ordinance to change the zoning from A (Agriculture) to PCD (Planned Commercial Development) Zone on 10.66 acres to allow a mini-storage facility containing approximately 214,000 square feet in 31 buildings and a caretaker's residential unit. (ZC 02-0169) (First reading 6/26/02) (Ward 5) First reading of an ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-17) of Title 17 of the Bakersfield Municipal Code by Changing the zoning from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone on 0.12 acres, and an R-2 (Limited Multiple Family Dwelling) Zone to an R-1 (One Family Dwelling) Zone on 1.2 acres, located approximately 1,000 feet north of Hageman Road, and approximately 800 feet east of Calloway Drive (File #02-0308) (Ward 4) Resolutions: Resolution determining that certain equipment can only be reasonably obtained from one vendor, L.N. Curtis & Sons, Inc. and authorizing the Finance Director to dispense with bidding, not to exceed $356,000 for the purchase of self contained breathing apparatus for the Fire Department Amendment No. 2 to Resolution No. 046-02 approving Memorandum of Understanding for Employees of the Blue and White Collar Units and adopting Salary Schedule and Related Benefits for Park & Landscape Designer. Agreements: Agreement between the City of Bakersfield, the County of Kern and the Kern Community College District, for in-service training and instructional services at the Olive Drive Fire Training Facility. Agreement with Ennis Homes to purchase real property in Tract 6056, Phase 1, located east of Jewetta Avenue, north of Reina Road for $57,249 for a domestic water well site. (Ward 4) ACTION TAKEN ORD 4072 FR RES 122-02 RES 046-02(2) AGR 02-216 AGR 02-217 2O5 Bakersfield, California, July 10, 2002 - Page 5 CONSENT CALENDAR continued Three-Year Lease Agreement with Century Building Associates, LLC for $95,700 annually for office space at 1600 Truxtun Avenue. (Ward 2) Bakersfield Amtrak Station and Q Street Grade Separation: (Ward 2) Amendment No. I to Agreement Nos. 99- 157 and 99-155 with Burlington Northern Santa Fe for the Bakersfield Amtrak Station and Q Street Grade Separation projects to increase total compensation by $98,932.59 to $4,248,181.59 Appropriate $427,564 Amtrak Railway Fund Balance and $191,283 Gas Tax Fund Balance to the Capital Improvement Budget within the respective funds. Amendment No. 1 to Agreement No. 01-262 with A. Phillip Randolph Community Development Corporation, for time extension for the construction of a single family home at 329 Clyde Street. (Ward 1) Contract Change Order No. 4 to Agreement No. 00-244 with Guinn Construction Company, $17,030.24 for the Northeast Bike Path. (Ward 3) Contract Change Order No. 1 to Agreement No. 01-255 with Granite Construction Company, $67,635 for construction of Bellevue Weir. (Ward 4) Bids: Accept bid to award contract to Schweitzer Construction Inc. in the amount of $225,127.75 for the construction of Wall Street Alley Improvement Project. (Ward 2) Accept bid to award contract to ARB, Inc. in the amount of $31,997.28 for the installation of safety railing at smoke hatches on Centennial Garden Arena roof. (Ward 2) Miscellaneous: Sale of surplus fire equipment to the California City Fire Department for $1.00. ACTION TAKEN AGR 02-218 AGR 99-157 & 99-'155(1) AGR 01-262('0 AGR 00-244 CCO 4 AGR 01-255 CCO 1 CON 02-219 CON 02-220 AGR 02-221 206 Bakersfield, California, July 10, 2002 - Page 6 CONSENT CALENDAR continued Sale of surplus fire and computer equipment to International Development Projects for use by the Uganda Fire Brigade in Kampala, Uganda. Request from Kern Economic Development Corporation to provide assistance to the City in attracting and retaining businesses in Kern County. Motion by Couch to adopt Consent Calendar Items a. through r. ACTION TAKEN AGR 02-222 REFER TO BUDGET AND FINANCE COMMITTEE APPROVED AB HANSON HEARINGS Hearing to consider a resolution increasing hangar and tie-down fees for the Bakersfield Municipal Airport. (Ward 1) Raul Rojas, Public Works Director, gave a brief update. Hearing opened at 7:35 p.m. The following individuals spoke in opposition of staff recommendation: Joseph King, Airport Tenant and Fletch Wagoner, Airport Tenant. Hearing closed at 7:45 p.m. Couch requested staff review raising the rates, but to keep rates at or below Meadows Field. Public Works Director suggested the lowering the Port a Port rate to $50.00. Motion by Carson to adopt the resolution and accept staff's recommendation to lower Port- a-Port rate to $50, and encourage Public Works Director Rojas to continue to meet with tenants regarding revitalization of this area. Maggard requested Public Works Director Rojas review the monthly lease revenue and report back. RES t23-02 WITHDRAWN 207 Bakersfield, California, July 10, 2002 - Page 7 HEARINGS continued Amended motion by Carson to refer airport rates back to staff to provide a report, including comparative figures from Meadows Field, also the cost to rebuild a restaurant vs. a monthly lease revenue. Sullivan requested staff provide a copy of the memorandum from Brad Underwood, Public Works Operations Manager, regarding the restaurant at the Airport and insurance coverage as a result of the fire. Maggard requested staff discuss with committee of those who use the airport, the concern by Mr. Bishop regarding the significant danger in the departing flight path. ACTION TAKEN APPROVED AB HANSON Appeal by North Bakersfield Recreation & Park District of the Board of Zoning Adjustment's decision to modify/add conditions as part of a compliance/revocation review of an approved Conditional Use Permit (No. P99-0039) that allowed construction of a 20-acre park with lighted multipurpose play fields and courts, picnic facilities, restrooms, in-line hockey and arena soccer courts and other related park improvements in an OS (Open Space) zone located at 11225 Brimhall Road. (Ward 4) Assistant City Clerk Gafford announced correspondence dated July 7, 2002 was received from Craig Miller in opposition of Liberty Sports Complex design. Alan Tandy, City Manager, gave an update report and outlined compromise with modified conditions as follows: 3.c. Field lighting standards for the central field (Field C) may be no higher than 70'. Modifications to those standards will be require to ensure that no lights are directed onto Fields D or E. All lights on Field C shall be turned off each evening no later than t0:00 p.m. 3.d. Field lighting standards for the north fields (Fields NB) shall not exceed a height of 90' from grade. These lights shall be turned off each evening no later than 10:30 p.m. RES ~24-02 2O8 Bakersfield, California, July 10, 2002 - Page 8 HEARINGS continued 3.e. Since it is too late to move the lights from Fields D and E for the upcoming season, they may be operated until May 31, 2003. These lights must be turned off no later than 8:30 p.m. five nights a week, and 9:30 p.m. two one nights a week until May 31*t. In addition, by Council direction, the following conditions shall be approved. 1. The City Manager and General Manager of NOR will meet within the next 60 days to discuss conditions of approval on future NOR parks within the City to avoid the reoccurrence of any misunderstandings. 2. The City will reserve and guarantee programming for NOR needed time for lighted ~ programmed uses on at least two fields in the proposed 40 acre soccer park off Stockdale Highway. 3. The City will contribute $25,000 from Council contingency to help defray the costs to NOR of compliance with this set of directions. Hearing opened at 8:17 p.m. Dave McCarther, General Manager North Bakersfield Recreation & Parks District, spoke in opposition of staff recommendation, but agreed with compromise. The following individuals spoke in support of staff recommendation: Don Zumbro, Scott Ackee, Jessie Peralez, and Craig Millan. Hearing closed at 8:34 p.m. Motion by Couch to deny the appeal, but modify the Board of Zoning decision on the conditions of the Conditional Use Permit as outlined by the City Manager, with the following changes: · Additional Condition 2.: remove "practices" and replace with "programmed uses." · Section 3.e.: Fields D and E lights must be turned off no later than 8:30 p.m., and 9:30 p.m. one night a week until may 31st. ACTION TAKEN APPROVED NS CARSON AB HANSON 209 Bakersfield, California, July 10, 2002 - Page 9 10. REPORTS First reading of an ordinance amending Section 5.02.060(C) of the Bakersfield Municipal Code relating to Business License Tax. Sullivan announced potential conflict of interest due to property ownership. Maggard announced potential conflict of interest due to source of income. Vice Mayor Salvaggio recessed the meeting at 8:52 p.m. and reconvened at 8:58 p.m. .ACTION TAKEN FR 11. DEFERRED BUSINESS None. 12. NEW BUSINESS None. 13. COUNCIL & MAYOR STATEMENTS Couch thanked staff, Councilmembers and the public who supported him during his recommendation to run for 4~h District Supervisor, and stated he enjoys serving on the City Council and will run for another Council term. Couch thanked Jack LaRochelle for his letter to David Price regarding the acquisition of right-of-way for the Westside Parkway. Couch submitted to staff an invoice from the Southern California Water Committee. Couch referred letters from Smart Growth Coalition, Building Industry Association, Sierra Club, and is waiting for a letter from Board of Realtors, regarding attracting other development in the Downtown area to Urban Development Committee for discussion and requested copies be included in the next committee packet. Carson thanked staff and stated staff did an excellent job in projecting the City of Bakersfield at the State of the City presentation. 210 13. Bakersfield, California, July 10, 2002 - Page 10 COUNCIL & MAYOR STATEMENTS Benham referred to Public Works a letter from a gentleman requesting a copy of Alternate 15. Benham referred to Recreation and Parks Department a citizen request for parks for bike riders. Benham referred to staff the issue of watering the trees along the north side of the Kern River Parkway on Truxtun Extension. Benham requested staff provide a schedule of street sweeping in the Alta Vista area to one of the leaders of a Neighborhood Watch Program, she will provide the name and address. Benham requested staff do everything possible to assist the Timed Trials for USA Cycling regarding street closures in the City for this weekends event. Benham stated she rode to the end of the bike path and it's fantastic. Benham stated she looks forward to more years of service with Councilmember Couch. Maggard apologized to constituents, he's been on vacation and will return calls as soon as possible. Maggard commended Councilmember Couch and looks forward to continue service with him. Maggard complimented Vice-Mayor Salvaggio for doing a great job chairing the Council meeting in the absence of Mayor Hall. Sullivan commented on the State of the City presentation and complimented everyone involved. Sullivan stated the 4t" of July celebration at Bakersfield College hosted by the Bakersfield Fire Department, was a wonderful event. Sullivan stated it is great the Timed Trials for USA Cycling will be held here this weekend, unfortunately the weather will be severely warm. Sullivan complimented Vice Mayor Salvaggio for doing a nice job overall, and at this meeting. Sullivan announced today was her Mother's 83rd Birthday. ACTION TAKEN 211 13. Bakersfield, California, July 10, 2002 - Page 11 COUNCIL & MAYOR STATEMENTS Salvaggio stated he is pleased to have the opportunity to fill in for Mayor Hall, who is in Lake Tahoe receiving an award from the California Ambulance Association for his efforts in raising thirty+ thousand dollars for a child of a female EMT who lost her life in the 911 Tragedy. Salvaggio passed on a compliment from Dennis Fidler, Building Director, tothe Police Department for their efforts in assisting the Code Enforcement Officers. Salvaggio gave copies of Police Neighborhood Watch Program brochure to Council. Salvaggio asked Public Works Director what the status of the turn lane at White Lane at So. H and White Lane. Public Works Director Rojas responded, and also announced Gosford Road will be under construction starting on Monday and asked everyone to find alternate routes. Salvaggio compliment the Water Department and Recreation and Parks for the Bellview Weir Park dedication. Salvaggio commented he is pleased Councilmember Couch has decided to run for re-election on the City Council instead of Board of Supervisor, and looks forwarding to working with him. Salvaggio made comments regarding a memorandum from staff regarding potential water project involving Kern Delta Water District and Metropolitan Water District of Southern California, a meeting will be held tomorrow at 10:00 a.m. Panama Elementary, 9400 Stine Road. Carson stated she is happy Councilmember Couch will be with us. 14. ADJOURNMENT Vice Mayor Salvaggio adjpu~bd the rn_e, etf~ at 9:24 P.~ MAY(~R of the City of Bakersfield, CA ATTEST: CITY CLI=RK a~ EX Officio ~31e)~( of the Council of the City of Bakersfield ACTION TAKEN 212