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