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)
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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
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