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HomeMy WebLinkAbout07/09/03 MINUTES CC192 MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JULY 9, 2003 City Council Chamber, City Hall, 1501 Truxtun Ave. Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m. ACTION TAKEN REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Vice-Mayor Couch, Councilmembers Carson, Benham, Hanson, Maggard, Sullivan (seated at 5:20), Salvaggio Absent: Mayor Hall 2. WORKSHOP a. Kern Economic Development Corporation NAT Patrick J. Collins, KEDC President and CEO, made comments and provided hand-outs. Update on Animal Control Service and Transition to the City of Bakersfield. NAT Staff comments by Trudy Slater, Administrative Analyst. David Paquette introduced animal control officers and office staff. In addition, he thanked various City staff members for assistance provided in implementing animal control services. c. Fire Department Truck Company Operations. NAT Staff comments and presentation by Dean Clason, Deputy Fire Chief. d. City Council Goal Setting NAT Assistant City Manager Stinson presented City Council Goals. 193 Bakersfield, California July 9, 2003 - Page 2 CLOSED SESSION Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property: Commercial Retail/Industrial Complex 5455 A-B and 5601 Rosedale Highway, Bakersfield, California; Agency Negotiator: Donald Anderson; Negotiating Party: Charles A. Magnus; Under Negotiation: Price and terms of payment for purchase. Council recessed at 6:27 p.m. to the City Manager's Conference Room to discuss item 3.d. Council adjourned from the workshop at 7:00 p.m. ACTION TAKEN DELETED REGULAR MEETING 1. INVOCATION by Pastor Troy Morris, New Beginnings Christian Church. A moment of silence was taken in memow of the Harper family. PLEDGE OF ALLEGIANCE by Holly Smith, 3rd Grade Student at Donald Suburu School. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benharn, Hanson, Maggard, Sullivan, Salvaggio Absent: None 194 Bakersfield, California July 9, 2003 - Page 3 Motion by Couch to add an item which arose after the agenda was posted and required action at this Council Meeting. mm. Section 108 Loan Guarantee Funds: 1. Resolution authorizing the requisite City personnel to execute all documents required to access Section 108 Loan Guarantee Funds of $1 million and $250,000 Brownfields Economic Development Initiative Grant for the Old Town Kern Mixed-Use Project. 2. Resolution authorizing the requisite City Personnel to execute all documents required to access Section 108 Loan Guarantee Funds of $800,000 for various street improvement projects. CLOSED SESSION ACTION None. PRESENTATIONS None. PUBLIC STATEMENTS Mike Gonzales, Vineland School District, presented a plaque to Mayor Hall recognizing his contribution to education. Stuart Gentry spoke regarding the budget crisis. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of Regular Council Meeting June 25, 2003. Payments: b. Approval of department payments from June 13, 2003 to June 26, 2003 in the amount of $6,813,099.78 and self insurance payments from June 13, 2003 to June 26, 2003 in the amount of $174,491.53. APPROVED 195 Bakersfield, California July 9, 2003 - Page 4 CONSENT CALENDAR continued Ordinances: Adoption of Ordinance amending Section 13.12.030 B. of the Municipal Code updating the list of standard manuals adopted by the City of Bakersfield to be the development improvement standards and specifications. (First Reading 6/25/03) Resolutions: d. Delinquent Sewer User Charges: Resolution providing for the establishment of separate special assessment funds, for Wastewater Treatment Plants 2 and 3 to be added to the property tax roll for the collection of delinquent sewer charges. Resolution authorizing the Kern County Tax Collector to collect said charges. Resolution designating certain city personnel as certifying officers authorized to execute Environmental Review Record pursuant to Federal Law. Resolution regarding the use of Housing Set Aside Monies outside the Down[own Redevelopment Project Area. Resolution supporting the recommendation that the Metropolitan Bakersfield High Speed Rail Terminal be located within a one-half mile radius of Truxtun Avenue at S Street in downtown Bakersfield. Resolution determining that the purchase of 180 Motorola portable two-way radios cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $480,000.00. ACTION TAKEN ORD 4136 RES 114.03 RES lf5-03 RES f16-03 RES 1 f 7-03 REMOVED FOR SEPARATE CONSIDERATION RES ~f9-03 i. Resolution ordering the summary vacation of Camino Grande RES 120-03 Drive in the buffer area on the west side of the County of Kern's China Grade Sanitary Landfill site. j. Resolution ordering Judicial Foreclosure of delinquent RES f2t-03 assessments in Assessment District 94-2 (GosfordRVhite). 196 Bakersfield, California July 9, 2003 - Page 5 CONSENT CALENDAR continued Resolution preliminarily approving Engineer's Report and setting the date for public hearing of protests for Assessment District No. 03-1 (Brighton Place/Silver Creek II). Resolution preliminarily approving Engineer's Report and setting the date for public hearing of protests for Assessment District No. 03-2 (Buena Vista Ranch/Belsera II/Montara II/Olive Park II). Resolution adding territory, Area 1-40 (Olive, Old Farm 3) 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. Resolution adding territory, Area 5-09 (Oswell, Hwy. 58 SE) 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. Resolution endorsing efforts to develop a Memorandum of Understanding to compel railroads to implement dust control measures in railway operations. Resolution of Intention No. 1305 to add territory, Area 4-27 (Fairfax, Royal Coach) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: Agreement with Childrens' Advocates Resource Endowment (CARE), a 501(c)(3) not for profit organization to purchase one (1) surplus Amkus Power Unit with two (2) spreaders and cutting tools (jaws of life) from the City for $250.00. Final Tract Map and Improvement Agreements with ADH Corporation for Tract 6140 Phase 1 located south of State Route 58 and east of Oswell Street. ACTION TAKEN RES '122-03 RES f23.03 RES 124-03 RES 127-03 REMOVED FOR SEPARATE CONSIDERATION ROI 1305 AGR 03-'194 AGR 03-195 AGR 03-'196 AGR 03-'197 197 Bakersfield, California July 9, 2003 - Page 6 CONSENT CALENDAR continued s. Property Acquisition: Pumhase Agreement with Keith & Mack Oil Company, Inc. ($400,000.00) to pumhase real property located in the south half of Section 11, Township 29 South, Range 28 East, north of Alfred Harrell Highway and west of Fairfax Road. Appropriate $404,000.00 fund balance to the Capital Improvement Budget with the Refuse Fund. License Agreement No. 03-24788 with Burlington Northern and Santa Fe Railway Company, ($5,800.00), to allow the City to construct the communications and data conduits for the Ice Center under the railroad tracks. Consent to Common Use Agreement with Chevron Pipe Line Company for a pipe line easement within South Sterling Road. Consent to Common Use Agreement with Pacific Bell Telephone Company for an easement within Oswell Street. Domestic Water Station L-208 located at Coffee Road and Norris Road: Cost Sharing Agreement with California Water Service Company for engineering design and construction of L-208 facilities. Agreement for Joint Use of Water Facilities with California Water Service Company for use fee and operations of L-208 facilities. Appropriate $773,000.00 California Water Service Company's share of project to the Water Resources Capital Improvement Budget within the Domestic Water Fund. ACTION TAKEN AGR 03-198 DEED 5877 AGR 03-f99 AGR 03-200 AGR 03-20'1 AGR 03-202 AGR 03-203 198 Bakersfield, California July 9, 2003 - Page ? CONSENT CALENDAR continued bb. CC, Traffic control signals and safety lighting on Route 99 at Ming Avenue: Cooperative Agreement with Caltrans for installation of traffic control signals and safety lighting on Route 99 at Ming Avenue (City's share estimated at $115,412.00). Appropriate $115,412.00 Gas Tax Fund Balanc.e to the Capital Improvement Budget. Amendment No. 1 to Agreement No. CA 03o001 in an amount not to exceed $30,000.00 (total contract $55,000.00) with Michael G. Marderosian for outside legal services in the matter of O'Leary v. City of Bakersfield, United States District Court Case No. CV-F-01-6304 REC DLB. Transportation Impact Fee Agreement: Transportation Impact Fee Agreement with Soper Homes (reimbursement credit not to exceed $193,336.00) for Tracts 6038 and 6139 located at the southwest corner of Brimhall Road and Jenkins Road. Appropriate $122,496.00 Traffic Impact Fee revenue to the Capital Improvement Budget within the Transportation Development Fund for a reimbursement to developer for costs to construct Brimhall Road between Westdale Drive and Jenkins Road. Transportation Impact Fee Agreement with Stone Creek Partners II, Inc. (reimbursement credit not to exceed $57,394.00) for Tract 6125 Phases 1 and 2 located at the northwest corner of Hosking Avenue and Akers Road. Lease Agreement with Community Services Organization - Behavioral Health Programs for rental of a portion of 713 Lake Street. Contract Change Order No. 2 to Agreement No. 03-053 with P & J Electrical Construction ($3,236.00 for a total contract amount of $40,865.57) to replace the fire alarm system in the City Hail Annex Building. ACTION TAKEN REMOVED AGR 03-211 AGR 03-204 AGR 03-205 A GR 03-206 CCOf 03-053 L99 Bakersfield, California July 9, 2003 - Page 8 CONSENT CALENDAR continued dd. Mohawk Sewer, Phase Il: Contract Change Order No. 2 to Agreement No, 02- 163 with Utah Pacific Construction ($28,649.63 for a total contract amount of $2,323,070.39) for the project. 2. Appropriate $29,000.00 Sewer Enterprise Fund Balance to the Capital Improvement Budget. Bids: ee. Accept bid from Rehrig Pacific Company $288,915.25, for 7,125 carts for refuse, green waste, and recyclables for the Solid Waste division of Public Works within the Refuse Fund. Accept bid to award annual contract to Kern Sprinkler Landscaping, not to exceed $75,000.00, for irrigation and landscaping services for the Recreation and Parks Department. gg. Interchange of State Route (SR) 99 at White Lane - Overcrossing widening, interchange improvements, construction of sound barrier, and landscaping project. Accept bid to award contract $5,624,075.00 to Granite Construction Company. Appropriate $450,000.00 Transportation Development Fund balance to the Capital Improvement Budget. ACTION TAKEN CC020~f~ AGR 03.207 REMOVED FOR SEPARATE CONSIDERATION 200 Bakersfield, California July 9, 2003 - Page 9 CONSENT CALENDAR continued Miscellaneous: hh. Approval of Community Development Block Grant (CDBG) Action Plan, Amendment No. 6 (FY02/03), Amendment No. 8 (FY01/02) and Amendment No. 9 (FY00/01). Transfer $173,500.00 operating programs and Capital Improvement Project savings and appropriate $83,500.00 program income to the Commbnity Development Block Grant Capital Improvement budget for Southeast Area Street Improvements. Transfer $110,000.00 from the Economic and Community Development Operating Budget (Business Loans) to the Capital Improvement Project Budget in the Community Development Block Grant fund for ChestedBrundage and Union/6th Street, Street Improvements. Transfer $50,000.00 uncommitted prior year savings to the Economic and Community Development Operating Budget within the HOME fund for the Lead Based Paint Program. ii. Appropriate $89,000.00 Fund Balance to the Capital Improvement Budget within the Old Town Kern Operating Fund for deposit into the State Treasurer's Condemnation Fund for 630 Kentucky and 711 Lake Streets. jj. Appropriate $500,000.00 Cai HFA Loan Funds to the Southeast Redevelopment Project Area, Housing Fund for the Southeast Infill Housing Program. kk. Approval of final payment ($36,880.00), pursuant to Deed Nos. 5481 and 5482, to BH Investments for granting City Permanent and Temporary sewer line construction easements, for the Mohawk Sewer Project. II. Resolution authorizing the requisite City personnel to request additional Section 108 Loan Guarantee Funds fora total of up to $4.6 million for construction and rehabilitation of various public facilities. ACTION TAKEN REMOVED 201 Bakersfield, California July 9, 2003 - Page 10 CONSENT CALENDAR continued mm. Section 108 Loan Guarantee Funds: Resolution authorizing the requisite City personnel to execute all documents required to access Section 108 Loan Guarantee Funds of $1 million and $250,000 Brownfields Economic Development Initiative Grant for the Old Town Kern Mixed-Use Project. Resolution authorizing the requisite City Personnel to execute all documents required to access Section 108 Loan Guarantee Funds of $800,000. Motion by Couch to approve Consent Calendar a. through mm. with the deletion of 8.x. and 8.11., with revisions to 8. o., and the removal for separate consideration of items 8. o., 8.g. and 8.gg. Resolution endorsing efforts to develop a Memorandum of Understanding to compel railroads to implement dust control measures in railway operations. Motion by Maggard to approve the Resolution to include clarification regarding specifics of the railroad companies' responsibility in mitigation of dust. Resolution supporting the recommendation that the Metropolitan Bakersfield High Speed Rail Terminal be located within a one-half mile radius of Truxtun Avenue at S Street in downtown Bakersfield. Correspondence was received from Herman Ruddell, Consultant's Steering Committee Member regarding item g. concerning Metropolitan Bakersfield High Speed Rail Terminal Impact Analysis. Motion by Couch to adopt the Resolution. gg. Interchange of State Route (SR) 99 at White Lane Overcrossing widening, interchange improvements, construction of sound barrier, and landscaping project. Accept bid to award contract $5,624,075.00 to Granite Construction Company. Appropriate $450,000.00 Transportation Development Fund balance to the Capital Improvement Budget. Motion by Salvaggio to award contract and appropriate funds. ACTION TAKEN RES 129-03 A GR 03-209 AGR 03-209(A) AGR 03-209(D) AGR 03-209(F) RES 130-03 AGR 03-210 AGR 03-210(A) DEED 5880 APPROVED RES 126-03 A PPR 0 VED RES f18-03 APPROVED AGR 03-208 APPROVED 202 HEARINGS a. Bakersfield, California July 9, 2003 - Page 11 Continued Public Hearing for Resolution ordering the Vacation of Camino Grande Ddve along the north side of the Bear Mountain Cogeneration Plant. Staff comments by Public Works Director Rojas. Hearing opened at 7:31 p.m. Dennis Fox spoke. Mr. Fox was advised his comments_did not pertain to the matter at hand, and that he should present those comments at the next Council meeting dudng the Public Statements portion of the meeting. Hearing closed at 7:34 p.m. Motion by Maggard to adopt the Resolution. b. Hearing to consider Resolution adopting Fees pursuant to the Cost Recovery Program. Staff comments by Assistant to the City Manager Haynes. Hearing opened at 7:41 p.m. No one spoke. Hearing closed at 7:41 p.m. Motion by Couch to adopt the Resolution. Mayor Hall announced Conflict of In terest on Reports, item 10. a., due to source of income, and recused himself. Recess taken from 7:42 p.m. to 7:51 p.m. Vice-Mayor Couch assumed chairmanship of the meeting at 7:51 p.m. ACTION TAKEN RES 131.03 APPROVED RES ~32-03 A PPR 0 VED 10. tl. 12. 13. REPORTS a. Bakersfield, California July 9, 2003 - Page 12 Ambulance Rate Review: 1. Ambulance Rate Modification Study. Staff comments by Assistant City Manager Stinson. Assistant City Clerk Gafford announced correspondence was received from two individuals in opposition to any increase in ambulance fees. -. David Lindberg, CEO, Health Analytics, presented the final report prepared by his firm regarding the proposed ambulance rate increase. Motion by Benham to accept and receive the report and revisit the issue at the July 30 Council meeting. Vice-Mayor Couch recessed the meeting at 9:23 p.m. Mayor Hall reconvened the meeting at 9:25 p.m. DEFERRED BUSINESS None. NEW BUSINESS None. COUNCIL AND MAYOR STATEMENTS Salvaggio thanked Chief Matlock for the memo to City Manager Tandy regarding speeding problems on Benton Street between Ming and Wilson Road in the vicinity of Fremont School and Wilson Park, and for the increased enforcement of speed laws in that area. Salvaggio requested staff assist Mr. Vernon Gunning in resolving a problem with pine trees shedding needles into his yard, behind his back yard property. Salvaggio complemented Stan Grady for the Community Voice article regarding the need for a valley-wide air clean up fee appearing in the Californian today. ACTION TAKEN APPROVED ABS HANSON 204 13. Bakersfield, California July 9, 2003 - Page 13 COUNCIL STATEMENTS continued Salvaggio requested Public Works staff make repairs to a City owned driveway adjacent to 1320 Sandra Drive, and assure weeds at the City location are abated. Benham requested staff report on the extent to which City and County graffiti abatement programs are coordinated. Benham made an emphatic request that the Public Works Department find a way to facilitate Golden Empire Transit District's request for a crosswalk and two stop signs. Maggard requested staff investigate loss of water pressure in the Panorama Dr. area. Maggard provided an update on the ribbon-cutting ceremony for the interchange at Hwy. 178 and Comanche Drive; thanked Mr. Rojas. staff and Granite for their efforts in completion of the project and thanked former Councilmember Pat Smith for her support of the project. Hanson congratulated Councilmember Maggard on the completion of the Hwy. 178/Comanche Drive project. Hanson requested an update on the Redflex Light enforcement system. Chief Rector responded. Hanson requested an update regarding use of the Mesa Marin baseball park. Assistant Recreation and Parks Director Abe responded. Hanson acknowledged an email from Mr. Rambo regarding use of City vehicles by employees. Hanson congratulated Kevin Barnes for implementing deposits for commercial refuse service. Carson expressed horror and sorrow at the recent shootings. She thanked the community for support shown to survivors of the murdered family and invited the community to a healing service Friday evening at 6:00 p.m., at Christian Compassion Center on 4th Street. Couch expressed condolences to the families and friends of the shooting victims. ACTION TAKEN 13. 14. Bakersfield, California July 9, 2003 - Page 14 COUNCIL STATEMENTS continued Couch requested Assistant City Manager Christensen repeat the Information Technology presentation he made at the State of the City Luncheon at a future Council meeting. Couch requested staff from Planning and Public Works be available on July 30 for a Kiwanis Club meeting. Couch requested staff examine installation of a double left turn lane at Granite Falls eastbound at Coffee Road. Couch requested the City Attorney provide clarification regarding Proposition 218 and its effect on Assessment Districts, and identify the types of outreach which can be utilized. Mayor Hall complimented staff on the presentations made at the State of the City Luncheon. Mayor Hall complimented the Council on continued cooperation between the Council and the County. ADJOURNMENT Mayor Hall adjourned the meeting at t0:09 p.m. MAYOR of the City of Bakersfield, ATTEST: ACTION TAKE~N CITY CLERK and Ex O_fficio0t;lerk of the City of Bakersfield, California