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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