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