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Home My WebLink About07/31/02 MINUTES CC213 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 31, 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, Couch, Hanson, Sullivan (seated at 5:23 p.m.) None ACTION TAKEN 2, WORKSHOP a. Update on the Aquatics Center and Ice Rink. Alan Tandy, City Manager, gave a brief status report regarding the Aquatics Center and Ice Rink and provided written material. Benham requested staff notify Mr. Kerwin, Rollerama, of the RFP process. Maggard requested staff provide Council with the sequence of the process and time frame to make presentation to the high school district. Maggard requested staff provide status updates to the benefactor offering assistance for the ice rink. Couch requested staff provide Council with the schedule of the Section 108 Loan, and a summary of options if the County does not come up with the $300,000 contribution. APPROVED Motion by Salvaggio to recess to Closed Session at 5:44 p.m. 214 Bakersfield, California, July 31, 2002 - Page 2 CLOSED SESSION Conference with Legal Counsel Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9 Lflfian A. Picketing vs. City of Bakersfield, et al; Kern County Superior Court Case No. 245149oSPC Conference with Legal Counsel Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9 Joanne Edna Muffins vs. City of Bakersfield, et al; Kern County Superior Coud Case No. 242706-JES Conference with Legal Counsel Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9 Zachary David Faulconer vs. City of Bakersfield, et al; Kern County Superior Court Case No. 245793-SPC Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957 ACTION TAKEN NAT NAT NAT CONTINUED TO 8/2'1/02 Motion by Maggard to adjourn from Closed Session at 7:03 p.m. APPROVED REGULAR MEETING 1. INVOCATION by the Reverend Ted Virts, First United Methodist Church. 2. PLEDGE OF ALLEGIANCE by Breana Kart, 5th grade student, Eissler Elementary School, and Brittany Karr, 4th grade student, Eissler Elementary School. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard, Couch, Hanson, Sullivan None CLOSED SESSION ACTION Mayor Hall announced them was no reportable Closed Session Action on Items a. thru c., Item d. has been continued to the meeting of August 21, 2002. Bakersfield, California, July 31, 2002 - Page 3 PRESENTATIONS None. PUBLIC STATEMENTS Dale Simpson spoke regarding street closures, submitted written material. Benham referred Mr. Simpson's concerns regarding street closures to the Legislative and Litigation Committee for review. Sadie Lopez spoke regarding Ebony Counseling and City funds, submitted written materials. The following individuals spoke regarding Cultural Sensitivity: Stephanie Campbell and Ralph Anthony, National Association for Advancement of Colored People. Carson made comments regarding the July James Brown doll incident. The following individuals spoke regarding building Olympic size swimmng pools: Luanne Aakhus; Michael Bowman; Margarite Lemucchi and Tina Cummings. Maggard made comments regarding Olympic size swimming pools. Couch made comments regarding the July 10th James Brown doll incident. ACTION TAKEN APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Minutes of the July 10, 2002 Council Meeting. Payments: b. Payments from June 28, 2002, to July 18, 2002 in the amount of $8,825,834.63; and Self insurance payments from June 28, 2002, to July 18, 2002 in the amount of $359,177.88. 216 Bakersfield, California, July 31, 2002 - Page 4 CONSENT CALENDAR continued Ordinances: Ordinance amending Section 5.02.060(C) of the Bakersfield Municipal Code relating to Business License Tax. 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) Ordinance relating to Taxi Driver's Permit Appeal Process. Resolutions: Resolution confirming the approval by the Assistant City Manager of 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 and authorize collection of the assessments by the Kern County Tax Collector. (Wards 1,2.3,4) Resolution confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessment of 132 Milham Drive in the City of Bakersfield for which a dangerous building has been demolished and authorize collection of the assessment by the Kern County Tax Collector. (Ward 1) ACTION TAKEN ORD 4073 ORD 4074 REFERRED TO THE LEGISLATIVE AND LITIGATION COMMITTEE RES 125-02 RES 126-02 Resolution adopting an amended Conflict of Interest Code for City of Bakersfield departments. RES 127-02 217 Bakersfield, California, July 31, 2002 - Page 5 CONSENT CALENDAR continued Assessment District No. 02-1 (Avalon/Belsera/Montara/-I'he Woods) (Ward 4) Resolution Preliminarily Approving Engineer's Report, setting date for public hearing of protests. Resolution Authorizing Form and Substance of Acquisition and Disclosure Agreements and authorizing changes thereto and execution thereof. Resolution determining that an Autoscope Machine-Vision Detection System for traffic control cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof; not to exceed $55,000 for two systems. (Wards 5,6,7) Resolution determining that raising the Daktronics electronic message center sign on Truxtun Avenue at Centennial Garden Arena cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $37,500. (Ward 2) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 436, located in two separate areas (1) along Stockdale right-of-way west of Ashe Road and (2) along the south side of Blomquist Drive to Belle Terrace, west of McDonald Way.(Wards 5,6) Traffic Signal and Lighting System Installation on Old River Road at Ridge Oak Drive: (Ward 4) Reject all bids for traffic signal and lighting system installation on Old River Road at Ridge Oak Drive. ACTION TAKEN RES ~28-02 RES 129-02 AGR 02-261 AGR 02-262 AGE 02-263 RES 130-02 RES 131-02 AGR 02-264 RES 132-02 218 Bakersfield, California, July 31, 2002 - Page 6 CONSENT CALENDAR continued Resolution determining that the Traffic Signal and Lighting System Installation on {)Id River Road at Ridge Oak Drive cannot be reasonably obtained through the usual bidding procedure, authorizing the Finance Director to dispense with bidding thereof, and allow such work to be performed by City personnel. Amendment No. I to Resolution No. 97-01 approving and adopting the City of Bakersfield Operating and Capital Improvement Budgets for Fiscal Year 2001-02 to incorporate previous budget actions approved by the City Council. Agreements: o. Tract Maps/Improvement Agreements: (Ward 4) Final Map and Improvement Agreements with Centex Homes for Tract 5829, Phase 3, located south of Snow Road and west of Jewetta Avenue. Final Map and Improvement Agreements with Centex Homes for Tract 5831, Phase 4, located south of Olive Drive, west of Old Farm Road. Agreement with Launer & Associates, $30,000.00 to appraise properties within Assessment District No. 02-1. (Wards 4,7) Contract with Duane Morris LLP for counsel services - Kern Delta Water District EIR and associated litigation. Agreement with Greenfield Union School District, not to exceed $51,658.20 to conduct After-School Programs. (Ward 7) ACTION TAKEN RES 133-02 RES 97-01(1) AGR 02-223 AGR 02-224 AGR 02-225 AGR 02-226 AGR 02-227 C0N0~228 AGR 02-229 219 Bakersfield, California, July 31, 2002 - Page 7 CONSENT CALENDAR continued Restoration Community Project, Inc., Infill Housing Project: (Ward 1) 1. Terminate Agreement 00-129 with Affordable Homes, Inc. Agreement with Restoration Community Project, Inc., for $195,000 in HOME Investment Partnership (HOME) Community Housing Development Organization (CHDO) funds to purchase and rehabilitate substandard housing in Southeast Bakersfield. Appropriate $24,211 HOME Investment Partnership Program Income to the Economic and Community Development Department Operating Budget. Consultant's Agreement with NUVIS, $62,680, for Landscape Architectural Services for Freeway Beautification Master Plan. (Wards 1,2,3,4,6,7) Appropriate $30,000 Transportation Development Fund balance to the Capital improvement Budget. Agreement with East Niles Community Services District, $19,282, for the engineering of the relocation of their facilities to allow widening of College Avenue. (Ward 3) Common Use Agreement with Rosedale Ranch Improvement District of the North Kern Water Storage District for City right of way crossing the R-O Canal at Old Farm Road and Jewetta Avenue, south of Snow Road. (Ward 4) Agreement with the Bakersfield Senior Citizen Center for $50,000 of Community Development Block Grant funds for operational services at 530 4th Street. (Ward 1) Amendment No. 1 to Consultant Contract No. PW99-191 with Michael Brandman Associates, $20,540, for additional environmental services to make a determination regarding Kit Foxes at the Calloway Drive at Friant Kern Canal. (Ward 4) ACTION TAKEN REMOVED FROM AGENDA AGR 02-230 AGR 02-23t AGR 02-232 AGR 02-233 AGR 02-260 Bakersfield, California, July 31, 2002 - Page 8 CONSENT CALENDAR continued Amendment No. 1 to Agreement No. 00-173 with Mclntosh & Associates, for On-call Inspection Services for various construction projects (amendment extends term only, no changes to total compensation clause). Amendment No. 1 to Agreement No. 87-106 with Material Safety Data Systems Software Increasing Annual License Fee to $15,000. aa. Amendment No. 2 to Agreement No. 85-179 with Castle & Cooke Commercial - CA, Inc., $10,000 for land exchange with the City of Bakersfield. (Ward 4) bb. Contract Change Order No. 1 to Agreement No. 02-210 with Bowman Asphalt, Inc., $201,993 for a total contract amount of $1,043,655.02, for the Resurface Various Streets 2002 Project. (Ward 6) Bids: CC. Accept bid and award contract to Pence Petroleum, not to exceed $8,000, for lubricating products. dd. Extend bid from South Coast Fire Equipment, $393,428.39, to purchase one (1) additional 1500 GPM Fire Pumper with 750 gallon tank for Fire Department, Station 15. ee. Accept bids from Zones, Inc., IBM Direct and 365USA, not to exceed $450,000, to purchase personal computers and printers, Accept bid and award contract to Kern County Construction, Inc., $308,991, for addition of three turbine can pumps and one generator at the Interface Facility for the Water Resources Department. (Ward 4) Miscellaneous: gg. Approval of Community Development Block Grant (CDBG) Action Plan, Amendment No. 4, to reallocate $90,000 in Clearance and Demolition Programs tot he 14th Stret Aquatic Center Project (FY 01/02). (Ward 1) ACTION TAKEN AGR 00-'173(1) AGR 87-106(1) AGR 85-179(2) AGR 02-210 CCO I CON 02-234 CON 02-235 Bakersfield, California, July 31, 2002 - Page 9 CONSENT CALENDAR continued hh. Sidewalk Inspection Program. ii. Authorization to provide City Sewer Service to Residents in Rexland Acres area contingent on the County of Kern agreeing to the terms outlined by the City Manager, and the County committing $300,000 to the Jefferson Park Pool project by January 1, 2003 and that the authorization to provide City sewer service to the Rexland area would only by available until June 30, 2004. jj. Appropriate $55,000 Lessor Tenant Improvements contribution to the Capital Outlay Fund Capital Improvement Budget for MIS offices in the Borton Petrini Building. Motion by Salvaggio to adopt Consent Calendar ltems a. through jj. with the deletion of Item s. at the request of the applicant, an amendment to Item f. removing the property at 9412 Windcreek Court, and separate consideration of Item iL ACTION TAKEN REFERRED TO THE URBANDEVELOPMENT COMMITTEE REMOVED FOR SEPARATE CONSIDERATION APPROVED ii. Authorization to provide City Sewer Service to Residents in Rexland Acres area contingent on the County of Kern agreeing to the terms outlined by the City Manager, and the County committing $300,000 to the Jefferson Park Pool project by January 1, 2003 and that the authorization to provide City sewer service to the Rexland area would only by available until June 30, 2004. Couch requested staff provide an analysis regarding the project showing the most efficient utilization of CDBG tax dollars over time. Motion by Couch to approve Consent Calendar Item ii. APPROVED 222 Bakersfield, California, July 31, 2002 - Page 10 HEARINGS Continued hearing regarding an Ordinance upholding the decision of the Planning Commission, adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103- 22) of Title 17 of the Bakersfield Municipal Code by changing the zoning from an R-3 (Limited Multiple Family Dwelling) Zone to PCD (Planned Commercial Development) Zone on 7.5 acres, located on the southeast corner of Mount Vernon Avenue and State Highway 178 to allow a 67,300 square foot commercial shopping center denying the appeal by Rich/Matz Bakersfield LLC (File #02-0263). (Ward 3) Correspondence dated July 23, 2002 has been received from John E. Chipman, representing Rich/Matz Bakersfield LLC, requesting this hearing be continued to the August 21, 2002 Council meeting. Jack Hardisty, Development Services Director, made brief comments. Hearing opened at 8:10 p.m. No one spoke at hearing. Motion by Maggard to continue the appeal hearing to August 21, 2002. Maggard requested Jack LaRochell provide him with a copy of a map submitted by Mr. Underhill regarding a potential solution, and requested Assistant Public Works Director LaRochelle and Traffic Engineer Walker also review the map. Hearing to consider a Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield. Jack LaRochelle, Assistant Public Works Director, made brief comments. Motion by Hanson to refer Hearing Item b. to the Budget and Finance Committee, September meeting. ACTION TAKEN APPROVED APPROVED 223 Bakersfield, California, July 31, 2002 - Page 11 10. 11. 12. 13. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None. COUNCIL & MAYOR STATEMENTS Benham requested staff respond to an inquiry regarding local pediatric critical care. Benham referred to the Legislative and Litigation Committee a request from the Kern County Homeless Collaborative that Council endorse a proposition that will be on the November ballot with respect to Housing and Emergency Shelter Trust Fund. Benham referred to staff and the Planning Commission the issue of entry signs into the City, to review the ordinance for a possible amendment that will eliminate or mitigate additional signs along the freeway. Benham complimented the MIS website. Benham complimented the mural on the water tank. Maggard applauded Council colleagues and others regarding the In God We Trust dedication. Maggard made comments regarding mold in an apartment complex that may or may not have caused a death and raised many questions. City Manager Tandy responded. Maggard recognized Dr. Jinadu, Kern County Health Official, who made brief comments. Maggard urged all perspectives work together to find a solution and reassurance for the community. Hanson will provide staff with the name and phone number of an individual who may be interested in the Airpark Restaurant. Hanson referred to Urban Development Committee the issue of leaf blowers for additional review. ACTION TAKEN 224 Bakersfield, California, July 31, 2002 - Page 12 13. COUNCIL & MAYOR STATEMENTS continued Hanson requested to meet with staff to be updated regarding the curbside recycling program. Sullivan thanked Mayor Hall and colleagues for their support regarding the In God We Trust dedication. Couch referred to Legislative and Litigation Committee the issue of the volunteer/adopt-a- highway programs requiring the commercial general liability insurance, the benefit to the City in having these programs and the feasibility of not requiring this type of insurance. Couch stated October 3rd is Kids Day. Couch referred to Budget and Finance Committee the issue of public works street re-paving being done by City staff versus by contractors. Couch stated he attended the High Speed Rail meeting at the California League of Cities, and asked Ron Deardon, Chairman of the High Speed Rail Authority, his position regarding the location of a High Speed Rail Station, who stated his preference would be a Downtown Station. Couch requested staff provide a memorandum to Council regarding the voting options and veto layers of the Riverside County Transportation Commission. Couch requested staff provide information regarding what was cleaned up, removed, and a copy of the manifest if possible, regarding the new COSTCO on Rosedale Highway. Carson stated First AME Church in Los Angeles has partnered with Countrywide Homes to make home loans to first time home buyers, and her church is a connected church, making this program available in Bakersfield. Carson requested an update regarding the Airpark fees. City Manager Tandy responded. Carson requested City Manager Tandy contact Glen Heimer, Kern County Housing Authority, regarding a feasibility study of property on East California Avenue and Owens, for a job training center, and provide copies to Council. Sullivan thanked the 34th Street Florist for the beautiful flowers. ACTION TAKEN 225 13. Bakersfield, California, July 31, 2002 - Page 13 COUNCIL & MAYOR STATEMENTS continued Salvaggio requested Community Development Coordinator George Gonzales provide a status report regarding e-mail from Pastor Curtis Jenkins requesting to secure the relocation of a building that was going to be demolished on the south side of California Avenue, Salvaggio referred to Public Works a request from Lupe Religatto requesting a cross walk from Hughes Lane to Patti Court, with a handicapped ramp and for staff to explore the feasibility of an S median and a speed limit reduction in that area. Salvaggio responded to the July 10th James Brown doll incident. Mayor Hall stated he represented the City at the Ken Peterson Rose Garden dedication, presenting his wife, Becky Peterson, with a plaque. Mayor Hall made comments regarding the success of the bicycle event. Mayor Hall acknowledged United Way and City contributions by employees. Mayor Hall stated he has arranged for Ron Deardon, Chairman of the High Speed Rail Authority, to provide a presentation on October 2, 2002. Salvaggio wished Mayor Hall a good vacation. Benham requested Mayor Hall extend an invitation to the County representatives to attend the High Speed Rail Workshop. ACTION TAKEN 14. Mayor Hall adjourned t eting :1 ~ ·~ MAYOR o~ the City of Bakersfield, CA~ · ATTEST: CITY CL~RK and Ex Officio Cler~ of the City of Bakersfield, California 226