HomeMy WebLinkAbout04/30/03 MINUTES CC109
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
APRIL 30, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
ACTION TAKEN
PREMEETING
1. ROLL CALL
Present:
Absent:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan (seated
at 5:33), Salvaggio
WORKSHOP
Motion by Couch to recess to Closed Session at 5:t5 p.m.
CLOSED SESSION
a. Public Employee Performance Evaluation - City Manager;
closed session pursuant to Government Code Section 54957.
Motion by Benham to adjourn from Closed Session at 6:57p. m.
APPROVED
APPROVED
REGULAR MEETING
INVOCATION
PLEDGE OF ALLEGIANCE
ROLLCALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham Maggard, Hanson, Sullivan,
Salvaggio
Absent: None
110
Bakersfield, California April 30, 2003 - Page 2
CLOSED SESSION ACTION
Public Employee Performance Evaluation - City Manager;
closed session pursuant to Government Code Section 54957.
Mayor Hall announced, "The City Council has completed its
performance evaluation of the City Manager. In recognition
of the current financial circumstances, Mr. Alan Tandy
voluntarily requested the Council not consider providing him
any additional salary or other compensation."
PRESENTATIONS
Presentation by Mayor Hall of Proclamation to John Stinson
on behalf of Rhonda Smiley, of the Public Employees
Roundtable of Kern, proclaiming May 5-9, 2003, as "Public
Employees Recognition Week."
John Stinson provided information regarding the May 5~
award dinner.
Presentation by Mayor Hall of Proclamation to Randy Martin,
Director of the Family Care Network, proclaiming May, 2003,
as "Foster Care Month."
Randy Martin introduced Beverly Knight Johnston, Director,
Kern County Department of Human Services.
PUBLIC STATEMENTS
Fire Chief Ron Fraze spoke on behalf of the Fire Department
to thank Castle & Cooke for their contribution to the Health
and Safety Fund and acknowledged Steve DeBranch from
Castle & Cooke.
b. Renee Nelson spoke regarding the Massage Ordinance.
Alan Malone spoke on behalf of Diamond Z Manufacturing to
protest consent item 8.ff., awarding of bid for a Morbark tub
grinder for the Woodwaste facility.
Brand Hoffman spoke on behalf of The Bakersfield Blitz and
presented promotional items to the Mayor and Council.
ACTION TAKEN
111
(Ward 5)
Bakersfield, California Apdl 30, 2003 - Page 3
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
Approval of minutes of the March 31, 2003 Special Joint
City/County Meeting and April 9, 2003 Council Meeting.
Payments:
Approval of department payments from March 28, 2003 to
April 17, 2003 in the amount of $8,842,558.24 and self
insurance payments from Mamh 28, 2003 to April 17, 2003 in
the amount of $240,334.25.
Ordinances:
First reading of Ordinance amending Section 2.72.230 of the
Bakersfield Municipal Code Relating to reduction in fome,
First reading of Ordinance repealing Section 2.24.023 of the
Bakersfield Municipal Code relating to the approval of sale or
lease of property.
First reading of Ordinance amending Bakersfield Municipal
Code Chapter 5.32 relating to Massage Establishments.
First reading of Ordinance amending Chapter 12.40 of the
Bakersfield Municipal Code regarding Street Trees requiring
permits for commercial tree contractors performing work or
maintenance of trees in the public right away.
g. Adoption of Ordinance approving the Negative Declaration ORD 4120
and amending Section 17.06,020 of Title 17 of the Bakersfield
Municipal Code and Zoning Map 123-20 from A-20A
(Agriculture - 20 acre minimum lot size) to R-1 (One Family
Dwelling) zone on 40.88 acres located at the southeast corner
of Pacheco Road and Old River Road. (ZC 03-0016). (First
reading 4-9-03.)
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
112
o
(Ward 5)
(Ward 4)
(Ward 5)
(Ward 4)
(Ward 4,6)
(Ward 3)
Bakersfield, California Apdl 30, 2003 - Page 4
CONSENT CALENDAR continued
Adoption of Ordinance approving the Negative Declaration
and amending Section 17.06.020 of Title 17 of the Bakersfield
Municipal Code and Zoning Map 123-09 from R-3 (Limited
Multiple Family Dwelling) to R-3 (Limited Multiple Family
Dwelling) zone with a Ch (Church) overlay on 2.71 acres
located at 3200 Gosford Road; northeast corner of Gosford
Road and South Laurelglen Blvd. (ZC 03-0017). (First
reading 4-9-03).
Resolutions:
Resolution of Intention No. 1292 to add territory, Area 1-36
(Reina, Allen NE) to the Consolidated Maintenance District
and preliminarily adopting, conforming and approving Public
Works Director's Report.
Resolution of Intention No. 1295 to add territory, Area 3-20
(Buena Vista, Panama Lane NE) to the Consolidated
Maintenance District, preliminarily adopting, confirming and
approving Public Works Director's Report.
Resolution of Intention No. 1294 to add territory, Area 1-37
(Jewetta, Noriega, NW) to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving
Public Works Director's Report.
I. Assessment District No. 03-1, (Brighton Place/Silver Creek II)
1. Resolution approving boundary map.
2. Resolution of Intention 1296.
Resolution approving Acquisition and Disclosure
Agreements and Authorizing changes thereto and
execution thereof.
Resolution ordering the summary vacation of Camino
Grande Drive in the buffer area on the west side of the
County of Kern's China Grade Sanitary Landfill site,
ACTION TAKEN
ORD 4121
ROI 1292
ROI 1295
ROI 1294
RES 060-03
ROI 1296
RES 061-03
AGR 03-082
REMOVED
(Ward 2)
(Ward 1,2)
(Ward 4)
(Ward 4,5,7)
Bakersfield, California Apdl 30, 2003 - Page 5
CONSENT CALENDAR continued
1200 Eureka Street and 1133 18th Street, sidewalk
construction.
Resolution authorizing the Public Works Director to
construct sidewalks at 1200 Eureka Street and 1133
E. 18th Street, confirming assessments and
authorizing the collection of assessments by the Kern
County Tax Collector.
Agreements with property owners to pay sidewalk
construction costs in installments and notice of special
assessment lien.
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.
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City of Bakersfield
property identified as Annexation No. 448 located at the
southeast corner of Downing Road and Coffee Road.
Agreements:
q. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Stone
Creek Partners, Inc. for Tract 6125 Phase 2 located
north of Hocking Avenue and west of Akers Road.
Final Map and Improvement Agreements with Center
Homes for Tract 6104 Unit 1 located east of Buena
Vista Road and south of Harris Road.
Final Map and Improvement Agreements with Center
Homes for Tract 6104 Unit 5 located east of Buena
Vista Road and north of Panama Lane.
Final Map and Improvement Agreements with
Bakersfield Land Development, LLC, for Tract 6061
Phase 1 located east of Allen Road and north of
Reina Road.
ACTION TAKEN
RES 062-03
AGR 03-083
AGR 03-084
RES 063-03
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 03-085
AGR 03-086
AGR 03-087
AGR 03-088
AGR 03-069
AGR 03-090
AGR 03-091
AGR 03-092
(Ward 7)
(Ward 6)
(Ward 2)
Bakersfield, California April 30, 2003 - Page 6
CONSENT CALENDAR continued
Sound wall along the northbound off-ramp from SR99 to the
White Lane intemhange:
Approve contribution Agreement with Department of
Transportation for the construction of the sound wall.
Appropriate $737,500 State Transportation
Improvement Program Funds to the Capital
Improvement Program within the ISTEA Fund.
Amendment No. I ($600,000 increase for a total
compensation of $1,800,000) to Agreement 02-258 with
Granite Construction Company to furnish street materials for
the Street Division.
Contract Change Order No. 2 to Agreement No. 02-302 with
C.W. Neal Corporation, ($9,947.56 for a total contract amount
of $621,832.29) on the "Northeast Bakersfield Water Supply
Reservoir Phase 2 - Liner Installation" for the Water
Resources Department.
Wastewater Treatment Plant 3, Best Practicable Treatment
and Control (BPTC) Project.
Award Consultant Contract with Carollo Engineers
(not to exceed $162,500).
Transfer $162,500 of current Capital Improvement
Project appropriations to fund the BPTC Project within
the Sewer Enterprise Fund.
v. Agreement with LexisNexis for on-line research services.
w. North Chester Avenue South Bound Bridge Replacement:
Approve Amendment No. 4 to Agreement No. 97-346
with W. Koo & Associates, Inc. (Consultant) to
increase compensation to Consultant by $42,424 (for
a revised total contract amount of $823,698).
Appropriate $42,500 additional Traffic Impact Fee
Revenue to the Capital Improvement Budget within
the Transportation Development Fund.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 02-258(1)
CC02 02-302
AGR 03-094
AGR 03-095
AGR 97-346(4)
115
8o
(Ward 3)
(Ward 4)
(Ward 4)
(Ward 1)
(Ward 4,5)
Bakersfield, California April 30, 2003 - Page 7
CONSENT CALENDAR continued
Contract Change Order No. 2 to Agreement No. 02-307 with
Granite Construction Company for $14,581.50 (for a revised
total contract amount of $708,894.47) for the project known
as Realignment of Comanche Drive at SR 178 and Installation
of Traffic Signal, Lighting and Flashing Beacons System at
Comanche Drive, SR 178 and Alfred Harrell Highway.
Relocation of the Friant-Kern Canal at the intersection of
Olive Drive and Calloway Drive:
Contract Change Order No. 3 to Agreement No. 02-
334 with Vadnais Corporation for a credit of
$131,048.57 (for a total contract amount of
$3,457,306.79)
Appropriate $300,000 Traffic Impact Fee revenue to
the Capital Improvement Budget within the
Transportation Development Fund.
Cooperative Agreement with the Department of
Transportation for the construction of the widening of
Rosedale Highway between State Route 99 and Gibson
Street.
aa.
Amendment No. 1 to Agreement No. 02-108with Kern County
Superintendent of Schools (KCSOS) for $370,000 - 2000 EDI
Special Projects Grant funds.
bb.
Consultant's Agreement with Luster National, Inc.,
($264,972.26) to provide project management services for the
Westside Parkway project.
cc. Facility management Agreements:
1. Approval of SMG Agreement.
2. Approval of Aramark Agreement.
ACTION TAKEN
CC02 02-307
CC020~334
REMOVED FOR
SEPARATE
CONSlDERATION
AGR 02.108(1)
AGR 03-097
AGRO~098
AGRO~099
116
(Ward
(Ward 2)
(Ward 4)
(Ward 2)
Bakersfield, California April 30, 2003 - Page 8
CONSENT CALENDAR continued
Bids:
dd.
Accept bid of $708,768.00 and award contract to Whitten
Pumps, Inc. for "Drilling casing and pump testing four (4)
gravel envelope water wells - Stations CBK-44, L-209, L-210,
L-211" for the Water Resources Department.
ee.
Accept bid from Jim Burke Ford $30,722.35 for one full size
pickup cab and chassis, 19,000 GVW, to be used as a service
truck at the Greenwaste facility. (additional)
Accept bid from Morbark, Inc., $534,963, for one (1) portable
tub grinder for the Woodwaste Division of Public Works.
(replacement)
gg.
hh.
Accept bid to award contract to Elite Landscaping, Inc.
($400,390) to construct Baker Street Streetscape Project.
Accept bid to award contract to A.C. Electric for $61,347 for
traffic signal and lighting installations at Buena Vista Road at
Deer Peak Drive.
ii.
Accept bid to award contract to Loop Electric ($38,025) for the
installation of conduit/wire for streetlights on 17~h Street
between Q Street and Union Avenue.
jj.
Accept bid to award annual contract to Doyle Ellis LLC for
Asphalt Rejuvenator/Sealant, not to exceed $400,000.
kk.
Reject the one (1) bid for wireless LAN Kit for the Police
Department.
II. Reject six (6) bids for front self-loading dump trucks.
Miscellaneous:
mm. Rebate from PG & E for boiler replacement at City Hall
($4000).
Appropriate $112,269 Supplemental Law Enforcement
Services Funds (SLESF), $193,332 Local Law Enforcement
Block Grants Funds (LLEBG, and $13,000 Asset Forfeiture
revenue to purchase Motorola Communications Consoles for
the Police Radio Communications Dispatch Center.
ACTION TAKEN
AGR 03-I00
AGR 03-101
AGR 03-102
ABS MAGGARD
AGR 03-103
ABS MAGGARD
AGR 03-104
J17'
(Ward 4)
Bakersfield, California Apdl 30, 2003 - Page 9
CONSENT CALENDAR continued
oo.
Appropriate $290,000 for 2800 acre water banking sales to
the Water Resoumes Operating Budget within the Agriculture
Water Fund for additional electrical power costs.
PP.
Transfer $150,000 from the Supplemental Law Enforcement
Safety Fund ClP budget to the Offstreet Parking Fund ClP
budget for demolition of Food Bank Building.
qq.
Acceptance of 2001-02 Transportation Development Act
Funds Financial Statements.
rr.
Acceptance of $16,900 in monetary donations from several
local businesses for anti-graffiti educational and promotional
activities.
ss. Review Proposal for In-House Liability Claims Administration.
tt.
Approval of the FY 03/04 Annual Action Plan of the
Consolidated Plan 2005 (CDBG, HOME, and ESG).
UU.
Form of Acknowledgment and Consent with Redflex Traffic
Systems Inc. for assignment of security interest in certain
property to National Australia Bank.
VV.
General Plan Amendment 02-0623; Mclntosh & Associates is
requesting an amendment to the Circulation Element of the
Metropolitan Bakersfield 2010 General Plan deleting that
segment of Masterson Street between Lake Ming Road and
Bella Drive in northeast Bakersfield from the Circulation
Element as a planned arterial. Appeal by the City of
Bakersfield Public Works Department.
Motion by Couch to adopt Consent Calendar Items a. through
v v. with the removal of item m., with the removal for separate
consideration of items d., p., r., z., ff., pp., and tt.
First reading of Ordinance repealing Section 2.24.023 of the
Bakersfield Municipal Code relating to the approval of sale or
lease of property.
Couch referred the issue to the Legislation and Litigation
Committee.
Salvaggio requested staff inform him of his vote on this issue in
1987.
ACTION TAKEN
AGR 02.094(1)
APPROVED
118
(Ward 4)
(Ward 7)
(Ward 4)
Bakersfield, California April 30, 2003 - Page 10
CONSENT CALENDAR continued
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City of Bakersfield
property identified as Annexation No. 448 located at the
southeast corner of Downing Road and Coffee Road.
Motion by Couch to adopt the Resolution.
Sound wall along the northbound off-ramp from SR99 to the
White Lane interchange:
Approve contribution Agreement with Department of
Transportation for the construction of the sound wall.
Appropriate $737,500 State Transportation
Improvement Program Funds to the Capital
Improvement Program within the ISTEA Fund.
Motion by Salvaggio to approve the Agreement and appropriate
funds.
Cooperative Agreement with the Department of
Transportation for the construction of the widening of
Rosedale Highway between State Route 99 and Gibson
Street.
Motion by Couch to approve the Agreement.
Accept bid from Morbark, Inc., $534,963, for one (1) portable
tub grinder for the Woodwaste Division of Public Works.
(replacement)
Maggard requested staff investigate ways to improve the
bid/specification process for the most efficient use of tax
dollars; also to explore possible waivers/variances or payment
of mitigation fees that would enable the City to accept lowest
bids.
Motion by Salvaggio to accept the bid.
PP.
Transfer $150,000 from the Supplemental Law Enforcement
Safety Fund CIP budget to the Offstreet Parking Fund CIP
budget for demolition of Food Bank Building.
ACTION TAKEN
RES 064-03
APPROVED
AGR 03-093
APPROVED
AGR 03-096
APPROVED
APPROVED
Motion by Maggard to approve the transfer. APPROVED
119:
(Ward 3)
Bakersfield, California April 30, 2003 - Page
CONSENT CALENDAR continued
rt.
Approval of the FY 03/04 Annual Action Plan of the
Consolidated Plan 2005 (CDBG, HOME, and ESG).
Salvaggio directed staff to contact the County to request they
expedite the completion of the bike path from C.A.L.M. to Lake
Ming.
Motion by Carson to approve the Plan.
VV.
General Plan Amendment 02-0623; Mclntosh & Associates is
requesting an amendment to the Circulation Element of the
Metropolitan Bakersfield 2010 General Plan deleting that
segment of Masterson Street between Lake Ming Road and
Bella Drive in northeast Bakersfield from the Circulation
Element as a planned arterial. Appeal by the City of
Bakersfield Public Works Department.
Further discussion on item v v. was requested by
Councilmember Maggard.
The City Clerk advised the staff report indicated the applicant
had withdrawn their request. Staff recommended the removal
of item v v. in the staff report. Approval is granted with the
adoption of Consent Calendar item v v.
HEARINGS
Continued Public Hearing for Resolution ordering the
Vacation of Camino Grande Drive along the north side of the
Bear Mountain Cogeneration Plant.
Hearing opened at 8:06 p.m.
Pete Smith spoke in favor of keeping the road open for
pedestrian and non-motorized access.
Motion by Maggard to continue hearing to the July 9, 2003
Council meeting.
ACTION TAKEN
APPROVED
APPROVED
120
(Ward 1)
Bakersfield, California April 30, 2003 - Page 12
HEARINGS continued
b. Resolution of the City Council of the City of Bakersfield
approving the sale of real property by the Bakersfield
Redevelopment Agency for $650,000 to Les Denherder,
Trustee of the Denherder Revocable Living Trust, under trust
dated October 11, 1988 and forgiving the $450,000 balance
of debt due the City of Bakersfield pursuant to Agreement No.
99-243.
Staff comments by City Manager Tandy.
Hearing opened at 8:18 p.m.
No one spoke.
Hearing closed at 8:18 p.m.
Motion by Carson to adopt the Resolution.
c. Resolution establishing sewer and storm sewer service user
charges.
Staff comments by Public Works Director Rojas.
Hearing opened at 8:22 p.m.
No one spoke.
Hearing closed at 8:22 p.m.
Motion by Salvaggio to adopt the Resolution.
d. Resolution adopting fees pursuant to the Cost Recovery
Program.
Staff comments by Assistant City Manager Stinson.
Hearing opened at 8:24 p.m.
No one spoke.
Hearing closed at 8:24 p.m.
Motion by Maggard to adopt the Resolution.
ACTION TAKEN
RES065.03
AGRO~105
APPROVED
RES 066-03
APPROVED
RES 067-03
APPROVED
121
10.
11.
12.
Bakersfield, California April 30, 2003 - Page 13
REPORTS
None.
DEFERRED BUSINESS
a. Ambulance Rate Review:
Consideration of a Consumer Price Index adjustment
to ambulance rates.
Agreement with Health Analytics LLC to perform an
Ambulance Rate Modification Study for the City of
Bakersfield for an amount not to exceed $26,600 and
appropriation of $26,500 from Hall Ambulance to the
Non-Departmental Budget in the General Fund to
cover cost of the Ambulance Modification Study.
Mayor Hall announced Conflict of Interest on Deferred Business
item 11.a. due to source of income and recused himself from the
meeting.
Recess taken from 8:25 to 8:32 p.m.
Staff comments by Assistant City Manager Stinson.
Motion by Benham to approve the Agreement.
Maggard requested when multiple proposals are received in the
future staff provide an analysis comparing and contrasting
results of the proposals.
Amended motion by Benham to not take action on item 11a. 1.
and approve item 11a.2. and the Agreement therein.
NEW BUSINESS
Appointment of voting delegate and alternate to League
General Assembly Special Meeting on May 15, 2003.
Motion by Couch to appoint Councilmember Maggard as the
delegate and Assistant City Manager Christensen as alternate.
ACTION TAKEN
AGR 03-106
NAT
APPROVED
APPROVED
122
13.
Bakersfield, California April 30, 2003 - Page 14
MAYOR AND COUNCIL STATEMENTS
Benham requested staff designate a member to work with the
veteran's organization on preliminary plans regarding how to
utilize Central Park and clarify who represents the veterans.
Benham requested staff respond to an inquiry by a constituent
regarding a building at 19~ and D Streets that has burned; in
addition she requested staff expedite the removal of debris at
this site.
Benham requested staff respond to a letter she submitted
regarding Montgomery World Plaza.
Benham complimented the Keep Bakersfield Beautiful Committee,
Parks and Recreation and the community on the Great American
Clean-up event on April 26th.
Maggard requested staff monitor the situation regarding North
American Power Group negotiating to purchase the old power
plant at Rosedale and Coffee. Before any transfer is allowed,
steps need to be taken to assure groundwater is safe from toxic
chemicals/substances; coordinate with the Air Pollution Control
Board to ensure the majority of agricultural waste burning does
not occur in Bakersfield.
Maggard requested EDCD staff assist him in exploring the
possibility of establishing a community garden in the area of
38~ and M Street, at the northeast corner, also the two vacant
lots backing up to North Chester between Columbus and 34~
Street south of the river, using CDBG funds.
Maggard thanked Mr. Rojas and the Public Works staff for their
efforts on behalf of a neighborhood endeavoring to pay for their own
basic water services.
Maggard requested staff investigate and report back to Council
ways to keep the Mayor's Youth Advisory Council viable,
particularly if the high schools could bear the involved costs.
Maggard expressed appreciation to the Keep Bakersfield Beautiful
Committee for the Great American Clean-up.
Maggard requested Solid Waste pick up bags of trash that were
overlooked during the Great American Clean-up on Auburn
between Fairfax and Morning Dr.
123
13.
Bakersfield, California April 30, 2003 - Page 15
MAYOR AND COUNCIL STATEMENTS continued
Salvaggio complimented the Keep Bakersfield Beautiful Committee
on the Great American Clean-up.
Salvaggio thanked Public Works for responding regarding the median
at Wible and White Lane and continued work on the So. H Street
median project.
Salvaggio thanked City employees for their hard work and positive
attitudes in serving the public and encouraged employees to continue
to work together during these difficult times.
Salvaggio requested an update regarding the parking lots in the ice
rink/aquatics area and thanked City Manager Tandy for his efforts in
accomplishing the project.
Carson requested Police monitor traffic in the alley at 834 R
Street for speeding.
Carson requested staff re-assess hours of operation at MLK
Park by reviewing the peak hours of usage.
Hanson requested an update regarding the Redflex Traffic
Enforcement System.
Hanson requested information regarding the pool floor for the
aquatics center.
Sullivan expressed appreciation for the Keep Bakersfield Beautiful
Committee and the Recreation and Parks Department and their roles
in the Great American Clean-up.
Sullivan requested the Community Services Committee review
the cancellation of the Beale Park Summer Concert Series and
make every effort to keep the program activated.
Couch requested staff provide information regarding how much
authority the City has in relation to the power plant at Rosedale
and Coffee and its uses/operation.
Couch made comments regarding the staffing of Fire Station 15.
Couch complimented City Manager Tandy on handling of the budget
crisis.
124
14.
Bakersfield, California April 30, 2003 - Page 16
ADJOURNMENT
Vice-Mayor Couch adjourned the meeting at 9:10 p.m.
M~Y~R ~f~he (~ity of B~'ke~field, GA
ATTEST:
CITY CLERK and Ex Officio C~r~ of the
City of Bakersfield, California
ACTION TAKEN