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HomeMy WebLinkAbout06/23/04 CC MINUTESMINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JUNE 23, 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 Carson, Benham, Maggard, Hanson, Sullivan (seated at 5:25 p.m.), Salvaggio Absent: None 2. WORKSHOP Presentation by representatives from Shell Oil Company regarding the Bakersfield Shell Oil Refinery. Aamir Farid, General Manager, Shell Oil Products, U.S., spoke on behalf of Shell Oil Refinery and gave a computer presentation. Counclimember Maggard requested City staff interface with Shefl staff to Implement a plan to facilitate sale of the Shell facility should a buyer be forthcoming. 3. APPOINTMENTS One appointment to the Keep Bakersfield Beautiful Committee, term to expire January, 2009. Mayor Hall nominated Merry McCsuley to fill the vacancy on the Keep Bakersfield Beautiful Committee. Motion by Vice-Mayor Couch to appoint Merry McCauley. APPROVED Appointment to Solid Waste Management Local Task Force by Vice-Mayor Couch. Motion by Vice-Mayor Couch to appoint Counclimember Hanson to the Solid Waste Management Local Task Force, with Councilmember Maggard to serve as alternate. APPROVED BIO , , Bakersfield, California June 23, 2004 - Page 2 PUBLIC STATEMENTS None. CONSENT CALENDAR Minutes: Approval of minutes of the meetings of June 7, 2004 and June 9, 2004. Payments: Approval of department payments from May 28, 2004 to June 10, 2004 in the amount of $8,111,249.55 and self insurance payments from May 28, 2004 to June 10, 2004 in the amount of $498,075.77. Ordinances: Adoption of Ordinance amending Section 10.40.010 of the Municipal Code relating to the removal of vehicles. Adoption of Ordinance requiring automatic gate opening devices on access roads requiring emergency services. Resolutions: Resolution determining that Bioxide (chemical) for sewer odor control and reduction of sulfide gas levels cannot be reasonable obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof; no to exceed $325,000.00 annually. Resolution ordering change of proceedings to reduce assessments to $2,895,000.00 for parcels located in Assessment District 03-1 (Brighton Place/Silver Creek II). Resolution of Application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 485 located generally west of Calloway Ddve, north of Snow Road. ACTION TAKEN ORD 4194 ORD 4195 RES 201-04 RES 202-04 RES 203-04 1tll Bakersfield, California June 23, 2004 - Page 3 CONSENT CALENDAR continued h. Changes to Salary Schedule and New Specifications: Amendment No. 13 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 Animal Control Supervisor. 2. New Job Specification for Animal Control Supervisor. Agreements: i. Sewer Connection Fee Assessments: Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. Agreements with property owners to pay sewer connection fee in installments and notice of special assessment lien. ACTION TAKEN RES 122-0'1('~3) RES 204-04 AGR 04-150 AGR 04-~5~ AGR 04-f52 AGR 04-153 AGR 04-154 AGR 04-f55 AGR 04-156 AGR 04-157 AGR 04-158 AGR 04-f59 AGR 04-160 AGR 04-161 AGR 04-~62 AGR 04- ~63 AGR 04-t64 AGR 04-~65 AGR 04-~166 AGR 04-167 AGR 04-~68 AGR AGR 04-170 AGR 04-171 AGR 04-172 Bakersfield, California June 23, 2004 - Page 4 CONSENT CALENDAR continued j. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with McKee Road Partners, Inc., for Tract 6178 Phase 2 located north of McKee Road and west of Akers Road. Final Map and Improvement Agreements with McMillin Madison Grove, LLC, for Tract 5993 Phase 7 located south of Snow Road and west of Calloway Drive. Ground Lease Agreement with Robert J. Bohn and Katherine Bohn Trust for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. Agreement between Habitat for Humanity, Golden Empire and the City for the construction of affordable single-family homes in the amount of $100,000.00 in HOME CHDO Funds. Agreement with Calloway Associates for reimbursement and first right of refusal for property along Calloway Drive and Olive. Agreement with Shell Oil Company for $80,000.00 to allow the City to construct the Allen Road Sewer project where it crosses the Shell Oil line near Allen Road and Hageman Road. Agreement with Southern California Gas Company for relocation of gas line at intersection of Calloway Drive and Olive Drive. Amendment No. 1 to Agreement No 02-184 with Abate-A- Weed, Inc. extending the term until July 22, 2004 and adding $10,000.00 additional funds for contract use (for a revised not to exceed compensation amount of $70,000.00). Amendment No. I toAgreement No. 03-241 with San Joaquin Supply Corporation to extend agreement for twelve (12) months (no increase in total compensation not to exceed $60,000.00) for janitorial supplies. Amendment No. 1 to Agreement No. 03-242 with P & R Paper Supply to extend agreement for twelve (12) months (no increase in total compensation not to exceed $60,000.00) for janitorial supplies. ACTION TAKEN AGR 04-173 AGR 04-t74 AGR 04-175 AGR 04-176 AGR 04-177 AGR 04-178 AGR 04-179 REMOVED FOR SEPARATE CONSIDERA~ON AGR 04- f8~ AGR02-~(~ AGR 03-241('1) AGR 03-242(1) 313 , Bakersfield, California June 23, 2004 - Page 5 CONSENT CALENDAR continued Contract Change Order No. I to Agreement No. 03-240 with Bowman Asphalt ($73,209.02, for a revised contract amount of $1,154,987.02) for the Kern River Bike Path Improvements and Riparian Restoration Project from Stockdale Highway to Manor Street. Contract Change Order No. 5 to Agreement No. 03-018 with S.C. Anderson Inc. ($61,730.49, for a revised contract amount of $5,607,300.12 for the Bakersfield Ice Center Project. Bids: Accept bid to award annual contract to Battery Systems, Inc. (not to exceed budgeted amount of $60,000.00) to furnish automotive batteries. Accept bids to award annual contracts to Argo Chemical, Inc., and Los Angeles Chemical CO., not to exceed $109,000, for chemicals for the City's swimming pools. Accept bid to award contract to New Image Commercial Flooring ($141,269.67) for re-carpet of Bakersfield Convention Center. Reject all bids for restoration of concrete decks at the Police Department building. Traffic signal and lighting installation on Brimhall Road at Windsong Street: Accept Bid to award contract to Loop Electric for $87,741.75 for project. Appropriate $90,000.O0 Gas Tax Fund Balance to the Capital Improvement Budget for the construction phase of the project. ACTION TAKEN CC01 03-240 CC05 03-018 AGR 04-182 AGR 04-t83 AGR 04-184 AGR 04-185 AGR 04-186 Bakersfield, California June 23, 2004 - Page 6 CONSENT CALENDAR continued Miscellaneous: Dedication of Property: Two minimal width stdps of road right- of-way on the west side of Old River Road between Campus Park Drive and Pacheco Road. Quitclaim Deed from the City to GMAC Model Home Finance, Inc., quitclaiming two obsolete portions of road right-of-way (right turn lanes) in exchange for right-of-way for an adopted right turn lane in the same general direction. aa. Appropriate funds to the Capital Improvement Budget for previously approved property acquisitions: Appropriate $801,000.00 Sewer Enterprise Fund balance and $1,424,000.00 Transportation Development Fund balance to the Capital Improvement budget for purchase of property at 24~ and Oak Streets for a future interchange and drainage facilities. Appropriate $521,080.00 Transportation Development Fund balance to the Capital Improvement budget for purchase of property at the southeast corner of Johnson Road and Marion Drive for the Westside Parkway. Motion by Vice-Mayor Couch to adopt Consent Calendar items 5.a. through 5.aa. with removal of items 5.n. and 5. y. for separate consideration. Agreement with Shell Oil Company for $80,000.00 to allow the City to construct the Allen Road Sewer project where it crosses the Shell Oil line near Allen Road and Hageman Road. Motion by Councilmember Carson to approve the Agreement. Councilmember Maggard requested staff investigate possible cost savings of delaying the Agreement until Shell closes the refinery. ACTION TAKEN DEED 6102 APPROVED AGR 04-180 APPROVED Bakersfield, California June 23, 2004 - Page 7 CONSENT CALENDAR continued Traffic signal and lighting installation on Brimhall Road at Windsong Street: Accept Bid to award contract to Loop Electric for $87,741.75 for project. Appropriate $90,000.00 Gas Tax Fund Balance to the Capital Improvement Budget for the construction phase of the project. Motion by Vice-Mayor Couch to accept the bid and appropriate the funds. CONSENT CALENDAR HEARINGS Public Hearing to consider resolution ordering the vacation of the south 126 feet of the 30 foot wide alley between Oak Street and Olive Street extending from Palm Street to Dracena Street. Correspondence was received from Beverly Monji in opposition to the proposed vacation. Protest hearing as required by Resolution of Intention No. 1333 regarding the street landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2004-2005 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. Protest hearing as required by Resolution of Intention No. 1334 regarding the park landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2004-2005 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. ACTION TAKEN AGR 04-186 APPROVED REMOVED FOR SEPARATE CONSIDERATION RES 205-04 RES 205-04 6o Bakersfield, California June 23, 2004 - Page 8 CONSENT CALENDAR HEARINGS continued Protest hearing as required by Resolution of Intention No. 1335 regarding the assessment for nine (9) Traffic Signal Maintenance Districts. Resolution approving and adopting the Public Works Director's report for nine (9) Traffic Signal Maintenance Districts and the 2004-2005 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. Continued public hearing to consider an increase in the monthly readiness-to-serve charge and quantity rate for the City of Bakersfield Water System. Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes Ranch service areas of the City Water System. Hearings opened at 5:50. James Varner requested on behalf of Beverly Monji and Lela Olsen Consent Calendar Hearing item 6.a. be continued to the 7:00 p.m. portion of the meeting. Headng item 6.a. continued to the 7:00 p.m. portion of the meeting. Hearing items 6.b., 6.c., 6.d., and 6.e. closed at 5:53. Motion by Vice-Mayor Couch to approve items 6.b., 6. c., 6. d, and 6.e. and continue item 6.a. to the 7:00 p.m. portion of the meeting. CLOSED SESSION Conference with Legal Counsel- Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One (1) potential case. Motion by Vice-Mayor Couch to recess to Closed Session at 5:54 Motion by Vice-Mayor Couch to recess from Closed Session at 6:37 p.m. ACTION TAKEN RES 207-04 RES 208-04 APPROVED APPROVED APPROVED 817 Bakersfield, California June 23, 2004 - Page 9 RECONVENED MEETING - 7:00 p.m. 8. ROLLCALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: None. 9. INVOCATION by Pastor Bob Johnson, Christ's Church of the Valley. 10. 1 Grade Student at PLEDGE OF ALLEGIANCE by Lena Clair Wilson, st Stockdale Elementary School. 11. CLOSED SESSION ACTION ACTION TAKEN NO Conference with Legal Counsel - Potential Litigation; Initiation REPORTABLE of litigation pursuant to subdivision (c) of Government Code ACTION Section 54956.9. One (1) potential case. In previous closed session action on May 26, 2004, City Council unanimously directed the City Attorney to settle the litigation matters of Goland-Roy v. City of Bakersfield in the amount of $250,000 and Billings v. City of Bakersfield in the amount of $77,539.54. Councilmember Benham left at 7:11 p.m. 12. PRESENTATIONS Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Joe Moesta, Jr. APPROVED Joe Moesta, Jr. made comments. 12. 13, Bakersfield, California June 23, 2004 - Page 10 PRESENTATIONS continued Mayor Hall recognized the following high school students who graduated number one in their respective classes: Ellen C. Dobie, Collin R. Foe-Parker, Jeffrey W. Lin Grace C. Liu, lan T. Long, Bakersfield High School; Claudia Rendon, Bakersfield Adult School; Sarah Merrill, James Witmyer, Bakersfield Christian High School; Denise K. Benavente, David W. Johns, Nick A Moreno, Aaron J. Phillips, Emma K. Sanford, East Bakersfield High School; Andrew Cox, Foothill High School; Michelle Bravo, Garces Memorial High School; Christopher G. Quon, Highland High School; Margaret Abernathy, Frank Felice, Liberty High School; Ellen Cho, Panthea Heydari, Darren Thomas, Katherine Valenzuela, North High School; Amberia J. Allen, Ridgeview High School; Spencer Seward, South High School; Kelsey Barney, Jessica Koh, Noel Lee, Paul MacAIpine, Andrew Reese, Robert Toledo, Stockdale High School; David Hornung, Valley High School; Andrew Wren, Vista High School; Corina Castellon, Vista West High School; Eloy Villanueva, West High School. Mayor Hall recognized students in the audience, Councilmember Sullivan recognized students in the audience. Mayor Hall recognized Merry McCauley, the Mayor's new appointee to the Keep Bakersfield Beautiful Committee. Recess taken at 7:20 p.m. Meeting reconvened at 7:27 p.m. PUBLIC STATEMENTS Terry Scott, PG&E, spoke regarding the Bakersfield and Kern County Energy Watch Program. Mona Twocats, Chair of the Kern County Homeless Collaborative, and Walter Williams, Greater Bakersfield Legal Assistance, extended an invitation to Mayor and Council to attend a P.A.T.H. (People Assisting the Homeless) Mall model on July 14, 2004 from 1:30-3:00 in the Truxtun Room of the Convention Center. Additionally, they suggested the City and County form a joint affordable housing task force. Councilmember Carson requested Economic and Community Development provide an update on the Homeless Task Force and whit is currently in place for affordable housing. ACTION TAKEN 319 14, Bakersfield, California June 23, 2004 - Page 11 HEARINGS Protest hearing as required by Resolution of Intention No. 1327 proposing to add territory, Area 4-29 (Baker Street II) to the consolidated Maintenance District. Resolution adding territory, Area 4-29 (Baker Street II), 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. Hearing opened at 7:38 p.m. No one spoke. Hearing closed at 7:38 p.m. Motion by Vice-Mayor Couch to adopt the Resolution. CONSENT CALEN DAR HEARINGS (continued from 5:15 portion of the meeting) Public Hearing to consider resolution ordering the vacation of the south 126 feet of the 30 foot wide alley between Oak Street and Olive Street extending from Palm Street to Dracena Street. Public Works Director Rojas made staff comments. Councilmember Benham returned at 7:41 p.m. ACTION TAKEN RES 209-04 APPROVED AB BENHAM Motion by Councilmember Benham to remove the item from the APPROVED agenda and re-notice at a future date. II20 15. 15. Bakersfield, California June 23, 2004 - Page 12 DEFERRED BUSINESS a. Fiscal Year 2004-05 Budget: Resolution approving and adopting the Operating and Capital Improvement Budget as amended. Resolution approving and adopting the Operating and Capital Improvement Budgets for the Bakersfield Redevelopment Agency as amended. 3. Resolution establishing the appropriations limit. Assistant City Clerk Gafford announced staff has submitted an amended administrative report and documents identifying additional enhancements to the graffiti enhancement program. Assistant City Manager Stinson made staff comments. Vice-Mayor Couch requested staff explore using a separate line item to address necessary emergency repairs on general fund facilities. Motion by Vice-Mayor Couch to adopt the budget. NEW BUSINESS Resolution calling and giving notice of holding a General Municipal Election for the election of Councilmembers for Wards 2, 5, and 6, a Special Election to elect a Councilmember for Ward 7 and requesting consolidation with the County of Kern Statewide General Election to be held on Tuesday, November 2, 2004. Councilmember Salvaggio read a letter stating his intent to resign the Ward 7 Council seat effective the date newly elected Councilmembers from Wards 2, 5, and 6 are sworn into office. Motion by Vice-Mayor Couch to adopt the Resolution. ACTION TAKEN RES 210.04 RES 211-04 RES 212.04 APPROVED RES 213-04 APPROVED ABS CARSON 17. Bakersfield, California June 23, 2004 - Page 13 MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff promptly remove barricades from the downtown area at the completion of each summer street fair. Councilmember Benham requested staff explore enlisting assistance from the public to aide in graffiti control; Public Works to meet with John Enriquez to utilize his expertise in the effort and coordinate with her. Councilmember Maggard requested Public Works and Development Services staff express extreme displeasure to CalTrens regarding the delay of the overpass project at Hwy. 178/Fairfax, and lack of median in the area between Oswell and Fairfax, which has resulted in loss of life. Councilmember Maggard requested staff reevaluate time structure of Council meetings. Councilmember Hanson requested staff adjust thermostat times on weekends in City Hall to assure air conditioner does not run on weekends. Councilmember Hanson requested information regarding cost of cleanup of sewer spill on McCutchen and Gosford; staff to evaluate Wastewater staffing during times of obvious difficulty and explain why there was no one on duty when the spill occurred, Councilmember Carson referred two citizen complaints to the Police Chief. Councilmember Carson thanked staff for the reopening events at MLK pool. Councilmember Carson requested staff abate weeds on the vacant lot at 27 Milham St. Councilmember Carson requested Building staff provide a status update regarding the dental office at the corner of Brundage Ln. and T Street. Councilmember Carson requested staff investigate businesses southeast of California between S and T Streets for not keeping trash contained. Wind blows trash in the alley and yards of nearby residents. ACTION TAKEN 17. Bakersfield, California June 23, 2004 - Page 14 MAYOR AND COUNCIL STATEMENTS continued Councilmember Carson requested staff recommend tree types for planting in Lowell Park; coordinate with the Harper family so trees may be planted on July 8 in memorial of lost family members. Councllmember Salvaggio requested staff fill potholes on Ming Ave., between Hughes Ln. and South H Street, both east and westbound. Councilmember Salvaggio requested an update regarding status of 1816 Hughes Ln. Councllmember Salvaggio requested staff abate graffiti on the slatted chain link fence in the alley at the northeast corner of Hughes Ln. and Planz Rd. Councilmember Sullivan expressed appreciation for the response to the new McMurtrey Aquatics Center and requested information regarding attendance, admission prices, and status of busing program. Interim Recreation and Parks Director Christensen responded. Councilmember Sullivan expressed pleasure at the survival of high school student Shawn Lorenzo after a 654' fall. Councilmember Sullivan thanked Mayor's staff for assisting with high school students honored at this evening's meeting. Vice-Mayor Couch provided the Hwy 99 Master Plan from LAFCo and requested Council and appropriate staff be copied. Vice-Mayor Couch provided information regarding LAI~Co issues pending in the next three months; particularly the Regional Transportation Plan and the proposed time-line for building the Alternate 15 Route; staff to contact Mr. Pope regarding coordination of a City/County response to the proposal. Vice-Mayor Couch submitted a copy and requested Council and staff be provided copies of a future newspaper insert discussing KernCOG and it's projects. Vice-Mayor Couch requested staff respond to a citizen's concerns regarding inability to read the Bakersfield Entrance sign on Hwy 99 at Norris Road due to sunlight. Bakersfield, California June 23, 2004 - Page 15 17. MAYOR AND COUNCIL STATEMENTS continued Vice-Mayor Couch requested an update regarding Code Enforcement issuance of correction notices in the Riverlakes area for netting preventing golf balls from escaping the golf course area. Vice-Mayor Couch congratulated staff for handling of the Sphere of Influence issue and emphasized for the record, City staff and Council remain willing to publicly discuss Sphere issues with City of Shafter representatives. Vice-Mayor Couch requested information regarding the catering contract for Centennial Garden. Mayor Hall thanked everyone involved in the Mayor's Freeway Cleanup Program. 18. ADJOURNMENT ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California ACTION TAKEN ~24 THIS PAGE LEFT INTENTIONALLY BLANK