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HomeMy WebLinkAbout04/28/04 CC MINUTESMINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING APRIL 28, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: Carson 2. PUBLIC STATEMENTS a. Terrance Steven Fischer spoke regarding Taxi permit fees. Coucilmember Benham requested the City Attorney contact Mr. Fischer to provide legal clarification. 3. APPOINTMENTS One (1) appointment to the Bakersfield Redevelopment Agency, due to the expiration of term of David Raphael, term expiring April 22, 2004. Mayor Hall nominated J. Phillip Bentley to fill the vacancy on the Bakersfield Redevelopment Agency. Motion by Vice-Mayor to approve the appointment. APPROVED 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of April 14, 2004. Payments: Approval of department payments from April 2, 2004 to April 15, 2004 in the amount of $7,464,840.12 and self insurance payments from April 2, 2004 to April 15, 2004 in the amount of $603,880.22. Bakersfield, California April 28, 2004 - Page 2 CONSENT CALENDAR continued Ordinances: Adoption of Ordinance amending Section 2.62 of the Municipal Code relating the Keep Bakersfield Beautiful Committee. Adoption of Ordinance amending Chapter 13.04 of the Municipal Code relating to the notice and hearing requirements for Maintenance Districts. Resolutions: Resolution confirming the approval by the Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City 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. f. Assessment District 03-1 (Brighton Place/Silver Creek II). Resolution approving form and substance of Preliminary Official Statement and Bond Purchase Contract. Resolution determining assessments remaining unpaid. 3. Resolution authorizing issuance of bonds. New and Revised Job Specifications and Changes to Salary Schedule: Amendment No. 11 to Resolution No. 122-01 approving Memorandum of Understanding for employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Water Resources Superintendent. Revised Job Specifications for Water Resources Superintendent, Assistant Building Director and Building Director. ACTION TAKEN ORD 4185 ORD 4186 RES 171-04 RES 172-04 AGR 04-103 RES 173-04 RES 174-03 RES 122-01(11) Bakersfield, California Apdl 28, 2004 - Page 3 CONSENT CALENDAR continued Agreements: h. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Floyd G. Hinesley and Porter-Robertson Engineering and Surveying, Inc. for Tract 6129 Phase 2 located north Noriega Road and east of Allen Road. Final Map and Improvement Agreements with McMillin Tuscany, LLC for Tract 6000 Phases 2 and 3 located north of State Route 178 and east of Alfred Harrell Highway. Agreement with Janes Family Trust to purchase real property located in an unincorporated area of Bakersfield, south of Rosedale Highway on Mohawk Street for $12,486.00 (ISTEA Funds), to be used as right of way for the Mohawk Extension Phase of the Westside Parkway. Acquisition of offsite real property interest for Vesting Tentative Tract Map No. 6160 located east side of Miramonte Drive near Casa Club Drive (Rio Grande Development, LLC): Agreement with Arrache, Clark & Potter (not to exceed $75,000.00) to provide legal services. Appropriate $75,000.00 developer's contribution to the Public Works Capital Improvement Budget in the Sewer Enterprise Fund. Amendment No. 1 to Transportation Impact Fee Agreement No. 02-354 with Stuart Thomas Incorporated, a Nevada Corporation dba Lenox Homes (to increase the not to exceed traffic impact fee credit from $324,425.00 to $568,633.00) for Tract 6064, located south of Berkshire Road and east of South H Street. Contract Change Order No. 3 to Agreement No. 03-208 with Granite Construction Company, Inc. ($21,600,00 fora revised contract amount of $5,657,815.35) for White Lane at State Route 99 overcrossing widening and interchange improvements. ACTION TAKEN AGR 04-104 AGR 04-t05 AGR 04-106 AGR 04-107 AGR 04-108 AGR 04-109 A GR 02.345(1) AGR 03-208 CC03 Bakersfield, California Apdl 28, 2004 - Page 4 CONSENT CALENDAR continued Bids: Street Improvements - Brimhall Road between Jewetta Avenue and Calloway Drive: Accept bid to award contract to Bowman Asphalt, Inc. ($474,696.20). Appropriate $200,000.00 Sewer Enterprise and $150,000.00 Transportation Development fund balances to the Capital Improvement Budget. Appropriate $25,000.00 Developer Contribution to the Capital Improvement Budget within the Transportation Development Fund. Miscellaneous: Community Development Block Grant (CDBG) Action Plan Amendment No. 12 (FY 02/03). Transfer $33,000.00 from the CDBG fund Capital Improvement Budget to the Operating Budget for the Summer Recreation & Transportation Program at Lowell and Wayside Parks. City of Bakersfield Consolidated Plan 2005 - HUD Mandated - Amendment No. I for three narrative changes affecting two Consolidated Plan priorities including the use of a new HUD funding program and Fiscal Year 2004-05 Action Plan (CDBG, HOME, and ESG). Appropriate $7,500.00 Transportation Development Fund balance to the Capital Improvement Budget for right of way acquisition for the intersection expansion project on Ming Avenue from Ashe Road to New Stine Road. Appropriate $20,000.00 Proposition 40 Grant Funds within the Recreation and Parks Department Capital Improvement Budget for Jefferson Pool Repairs. Appropriate $80,000.00 special swimming pool contributions to the Recreation and Parks General Fund Operating Budget to staff, maintain, repair and operate Beale Park Pool for the 2004 summer swim season, and, subsidize swimming vouchers for kids. ACTION TAKEN AGR 04-tlO Bakersfield, California Apdl 28, 2004 - Page 5 CONSENT CALENDAR continued Motion by Vice-Mayor Couch to approve Consent Calendar items 4. a. through 4.r. CONSENT CALENDAR HEARINGS Public Hearing to consider Resolution establishing sewer service user charges and fees for Fiscal Year 2004-05. Hearing to consider Resolution adopting fees pursuant to the Cost Recovery Program. Protest Hearing for proposed Assessment District No. 03-3 (Seven Oaks West III/Brighton Place II/Fairway Oaks South): Resolution approving Final Engineer's Report, levying assessments, ordering improvements and authorizing and directing related actions. Hearings opened at 5:30 p.m. No one spoke. Hearings closed at 5:30 p.m. Motion by Vice-Mayor Couch to approve Consent Calendar Hearing items 5oa through 5. c. CLOSED SESSION Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Goland and Roy v. Wright, City of Bakersfield, et al. Motion by Vice-Mayor Couch to recess to Closed Session at 5:30 p.m. Motion by Vice-Mayor Couch to recess from Closed Session at 7:00 p.m. ACTION TAKEN APPROVED AB CARSON RES 175-04 RES 176-04 RES 177-04 APPROVED AB CARSON APPROVED AB CARSON APPROVED AB CARSON Bakersfield, California April 28, 2004 - Page 6 RECONVENED MEETING - 7:07 p.m. 10. 11. ROLL CALL Present: 12. Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Sullivan, Salvaggio Absent: None. INVOCATION by Councilmember Maggard. PLEDGE OF ALLEGIANCE by Kelly Ruiz, 4~h Grade Student at Hart Elementary School. Mayor Hall recognized a Ridgeview High School Government class. CLOSED SESSION ACTION Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Goland and Roy v. Wright, City of Bakersfield, et al. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Mr. Oscar Chavez, Director of Marketing & Public Relations for Community Action Partnership of Kern, proclaiming May, 2004, as Community Action Partnership of Kern Month. PUBLIC STATEMENTS Terrence Steven Fischer spoke regarding timing of lights at the intersections of 17 and F Streets and 21st and F Streets. John Enriquez, Chairperson of Keep Bakersfield Beautiful Committee, spoke regarding the Great American Clean-Up and thanked the community for supporting the effort. '13. HEARINGS None. ACTION TAKEN 14. Bakersfield, California Apdl 28, 2004 - Page 7 MAYOR AND COUNCIL STATEMENTS Councilmember Salvaggio requested graffiti abatement on the concrete masonry wall at Panama near the Venture Out RV. Councilmember Salvaggio requested staff remove graffiti on the wall and redwood fence at South H Street, on the west side just past the end of LeMay cul-de-sac. Councilmember Salvaggio thanked the anti-graffiti staff for their diligence. Councilmember Salvaggio announced the City is making every effort to assure a traffic signal is installed in the County area at Hwys. 99 and 119. Councilmember Salvaggio requested staff research the feasibility of applying for Prop 40 Funds or other grant resources for use in opening and maintaining the temporarily closed pools. Councilmember Salvaggio reiterated the City position that closure of Planz, Sieman and Jastro pools are temporary in nature and asked City Manager Tandy to comment. City Manager Tandy responded. Councilmember Maggard requested staff explain to the community what measures have been taken to assure mad stability, safety of the road and City response time regarding the area of Alfred Harrell Hwy where the recent triple fatality automobile accident occurred; Public Works Director Rojas responded. Councilmember Maggard requested clarification regarding the movies in the park program. Interim Recreation and Parks Director Christensen responded. Councilmember Maggard requested the Planning and Development Committee review the R2 and R3 sections of the Zoning Code to address a possible loop hole where consecutive lots are zoned for multi, families, but not required to provide recreational amenities or open space. Councilmember Maggard provided information regarding a Memorial Day event, Soldiers Field, involving a replication of the American flag display at Arlington National Cemetery, sponsored by the Bakersfield Exchange Club on May 30t~, 4:00 p.m. at Liberty Park. ACTION TAKEN 14. Bakersfield, California Apdl 28, 2004 - Page 8 MAYOR AND COUNCIL STATEMENTS continued Councilmember Benham requested Code Enforcement contact citizen regarding concerns at 305 Western, 228 Western and two residences on Waverly, between Palm and Beech regarding weeds, cleanups and dog debris. Councilmember Benham requested Police investigate gang activity in the 900 block of Niles; meet with concerned area residents to provide advice on neighborhood safety and coordinate a joint meeting with County law enforcement regarding the issue. Councilmember Benham thanked Sandy Morris and Karen Bennett of the Police Department for a recent meeting with the DBA regarding downtown weekend law enforcement and requested staff coordinate through her an additional meeting May 12 at 11:00 a.m. Councilmember Benham requested a follow-up on prior referrals and provided information. Councilmember Benham requested an update on traffic control measures in the Westchester area. Councilmember Hanson requested information regarding standards for pedestrian crossings. Public Works Director Rojas responded. Councilmember Hanson requested staff provide service to Maintenance Districts in the Haggin Oaks area and suggested staff explore all avenues to recruit appropriate staff to perform the work. Councilmember Hanson requested staff find resources to improve road conditions. Councilmember Hanson requested address and issue in Campus Park and provided photographs. Councilmember Hanson requested staff check to see if alley in the Amberton area that backs up to Ashe Rd. is in the City or County and if City remove trash and debris, ff County notify appropriate department. Councilmember Hanson requested staff analyze the cost of nono profit tax exempt licenses; prepare back-round report explaining the fee and the cost effectiveness. ~ACTION TAKEN 14. Bakersfield, California April 28, 2004 - Page 9 MAYOR AND COUNCIL STATEMENTS continued Coucilmember Hanson requested staff determine if regulations apply to groups holding multiple fund raising car washes at some locations such as Ming and H Street. Councilmember Sullivan made comments regarding the Great American Clean-Up. Councilmember Sullivan requested staff investigate the feasibility of establishing a segment of the Secret Witness Program to aid in combating graffiti/vandalism. Councilmember Sullivan requested staff repair an alley and provided the location to the department. Councilmember Sullivan thanked staff for diligence in repairing potholes. Councilmember Sullivan thanked everyone who contributed to keeping Beale Pool open. Councilmember Benham requested staff investigate a cotton candy vendor at Roosevelt School to assure the vendor is in compliance with licensing regulations. Vice-Mayor Couch requested Chief Freze call him. ACTION TAKEN Vice-Mayor Couch thanked the Keep Bakersfield Beautiful for the Great American Clean-Up effort. Vice-Mayor Couch requested staff explore using gardeners in Maintenance District areas. Vice-Mayor Couch requested staff contact PG&E and The Gas Company to identify all money-saving programs available to the City, commercial and residential; additionally staff to perform an internal energy audit and provide an update on City energy conservation measures; and contact Denise Newton or Liz Gomez regarding mailers on rebates to assist with conservation efforts. Vice-Mayor Couch reminded those offering to help sponsor movies in the park it is time to make contributions to the effort. 15. Bakersfield, California April 28, 2004 - Page 10 ADJOURNMENT ATTEST: ACTION TAKEN CITY CLERK and Ex Officio ~lerk of the City of Bakersfield, California