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HomeMy WebLinkAbout11/28/01 MINUTES CC321 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 28, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard (seated at 5:19 p.m.), Couch, Hanson, Sullivan (seated at 5:22 p.m.) None 2. WORKSHOP Mayor Hall presented a Commendation Plaque to David Lyman, Principal Planner, in recognition of his commitment to the California Association of Enterprise Zones. NAT Overview of Fire Department Swift Water Rescue Program Tim Lynch, Fire Captain, gave a computer presentation and provided written material. NAT Demonstration of Light Air Van Ron Fraze, Fire Chief, directed Council to the front of City Hall, where Deputy Chief Hutton demonstrated the Light Air Van. NAT Motion by Salvaggio to recess to Closed Session et 5:50 p.m. APPROVED CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to Subdivision (b)(1) of Government Code Section 54956.9 (One case) NAT 322 Bakemfield, California, November 28, 2001 - Page 2 CLOSED SESSION continued Conference with Legal Counsel Existing Litigation; Closed Session pumuant to Subdivision (a) of Government Code Section 54956.9. City of Bakersfield vs Gerald D. Lucas, et al.; Kern County Superior Court Case No. 242104-RA NAT Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to Subdivision (b)(3)(C) of Government Code Section 54956.9 (One Case) NAT Motion by Benham to adjourn from Closed Session at 6:56 p.m. APPROVED REGULAR MEETING INVOCATION by Monsignor Ronald Swett, St. Phillip the Apostle Church PLEDGE OF ALLEGIANCE by Thomas Benham, Student Body President, Franklin Elementary School. 3. ROLL CALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard, Couch, Hanson, Sullivan Absent: None 4. CLOSED SESSION ACTION Mayor Hall announced there was no Closed Session Action. 5. PRESENTA~ONS Rhonda Smiley, Office Administrator/Public Relations, presented to department winners in recognition of outstanding service to the City of Bakersfield the 2001 Excellence in Action Awards to Janice Scanlan, City Attorney's Office; T. S. Liew, M.I.S; Sheryl Harispuru, Development Services Department; Jan Fulton, Economic/ Community Development; Leslie Devitt, Fire Department; Karen Hulsey, Police Department; Ray Phillips, Solid Waste Division; James Lawson, Recreation & Parks Department; Steve Lafond, Water Resoumes; and Sandra Jimenez, Finance Department. Also the Extra Mile Award to Don Hoggatt, Public Works. Bakersfield, California, November 28, 2001 - Page 3 PRESENTATIONS continued ~ b. Denise Newton, PG& E, presented a $557,212 Energy Rebate to the City of Bakersfield. PUBLIC STATEMENTS a. John Decker spoke regarding Sandstone school barrier. Benham referred this issue to staff to follow- up with the Superintendent of Schools. b. Stuart Gentry spoke regarding the City Center Project, submitted written material. c. Barbara Fowler extended Thanksgiving wishes and spoke regarding annexations. APPOINTMENTS Appointment of Public Works Director as regular member and Assistant Public Works Director as the alternate member to the Board of Zoning Adjustment, terms expiring December 1, 2004. Motion by Sslvaggio to approve. APPROVED CONSENT CALENDAR Minutes: a. November 14, 2001 Council Meeting. Payments: Payments from November 2, to November 15, 2001 in the amount of $4,753,391.96; and Self Insurance payments from November 2, to November 15, 2001 in the amount of $77,228.14. Bakersfield, California, November 28, 2001 - Page 4 CONSENT CALENDAR continued Ordinances: Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102- 07) of Title 17 of the Bakersfield Municipal Code by changing the zoning from R-1 (One-Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 10.60 acres located at the northeast corner of Jewetta Avenue and Olive Drive (ZC No. P01- 0219) and an amendment to Condition No. 2 of Ordinance No. 3284 requiring applicant to develop only his proportionate share of bridge construction (Coleman Homes). (First reading 11/14/01) (Ward 4) ORD 4037 Ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map 101-26 from E (Estate) to R-1 (One Family Dwelling) on 117.08 acres, located north of Reina Road to Snow Road, between Allen Road and Jewetta Avenue (ZC P01-0520) (Centex Homes). (First reading 11/14/01) (Ward 4) ORD 4038 Ordinance amending Subsection D and an addition of Subsection F of Section 2.84.350 of the Bakersfield Municipal Code relating to Annual Vacation Leave. (First reading 11/14/01) ORD 4039 Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 419 to Ward 4, located along the south side of Brimhall Road, west of Jenkins Road. (Ward 4) FR Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 418 to Ward 4, located at the southwest corner or Calloway Drive and Meacham Road. (Ward 4) FR Resolutions: Resolution adding territory, Area 3-15 (McKee, Racine) 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. (Ward 6) RES 177..01 Bakersfield, California, November 28, 2001 - Page 5 CONSENT CALENDAR continued ACTION TAKEN Resolution adopting the City of Bakersfield Disadvantaged Business Enterprise Program for use on federally funded highway improvement project in the City of Bakersfield for Fiscal Year 2001-02 RES 178-01 Resolution in support of the B.I.G. (Business, Industry, and Government) Coalition of the Southern San Joaquin Valley. RES 179-01 Agreements: k. Tract Maps/Improvement Agreements Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6043, Phase A, located north of Ming Avenue, west of Buena Vista Road. (Ward 4) AGR 01-276 AGR 01-277 Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase B, located north of Ming Avenue, west of Buena Vista Road. (Ward 4) AGR 01-278 Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase C, located north of Ming Avenue, west of Buena Vista Road. (Ward 4) AGR 01-279 Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase D, located north of Ming Avenue, west of Buena Vista Road. (Ward 4) AGR 01-280 Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase E, located north of Ming Avenue, west of Buena Vista Road. (Ward 4) AGR 01-281 Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase F, located north of Ming Avenue, west of Buena Vista Road. (Ward 4) AGR 01-282 Bakersfield, California, November 28, 2001 - Page 6 CONSENT CALENDAR continued Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase G, located north of Ming Avenue, west of Buena Vista Road. (Ward 4) AGR 01-283 Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase H, located north of Ming Avenue, west of Buena Vista Road. (Ward 4) AGR 01-284 Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6043, Phase I, located north of Ming Avenue, west of Buena Vista Road. (ward 4) AGR 01-285 10. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5940, Phase A, located south of Campus Park Drive, east of Mountain Vista Drive. (Ward 4) AGR 01-286 AGR 01-287 11. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5940, Phase B, located south of Campus Park Drive, east of Mountain Vista Drive. (Ward 4) AGR 01-288 AGR 01-289 12. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5940, Phase C, located south of Campus Park Drive, east of Mountain Vista Drive. (Ward 4) AGR 01-290 AGR 01-291 13. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5940, Phase D, located south of Campus Park Drive, east of Mountain Vista Drive. (ward 4) AGR 01-292 14. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5940, Phase E, located south of Campus Park Drive, east of Mountain Vista Drive. (ward 4) AGR 01-293 15. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5940, Phase F, located south of Campus Park Drive, east of Mountain Vista Drive. (Ward 4) AGR 01-294 AGR 01-295 327 Bakersfield, California, November 28, 2001 - Page 7 CONSENT CALENDAR continued ACTION TAKEN k. 16. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5882, Phase 6A, located south of Brimhall Road, east of Allen Road. (Ward 4) AGR 01-296 17. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5882, Phase 6B, located south of Brimhall Road, east of Allen Road. (Ward 4) AGR 01-297 18. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5882, Phase 6C, located south of Brimhall Road, east of Allen Road. (Ward 4) AGR 01-298 AGR 01-299 19. Final Map and Improvement Agreements with Curt Carter and Arleta Carter 1991 Revocable Living Trust for Tract 6058, located at the southeast corner of Hageman Road and Main Plaza Drive. (Ward 4) AGR 01-300 AGR 01-301 Agreement with Michael Brandman Associates, $26,665 for the preparation of an environmental document to cover the construction of a Pacific Gas & Electric Substation. (Ward 3) AGR 01-302 Agreement with the Kern High School District to continue to provide security services for school functions at Kern High School District locations. AGR 01-303 Agreement with Riptide Aquatics for use of Jastro Park swimming pool. (Ward 6) AGR 01-304 Agreement with the Bakersfield Swim Club for use of Jastro Park swimming pool. (Ward 6) AGR 01-305 License Agreement with Burlington Northern Santa Fe Railroad Company, $12,150 to allow City to construct Mohawk Sewer, Phase II sewer line under their railroad tracks. (Wards 4,5) AGR 01-306 ^6R 01-349 AGE 01-350 Transportation Impact Fee Agreement with Castle and Cooke California, Inc. for Tracts 5882 and 5827, located on the south side of Brimhall Road between Allen Road and Verdugo Lane. (Ward 4) AGR 01.307 Amendment No. 3 to Agreement No. 97-283 with HTE, $17,000 for a total contract amount of $399,726, for developing multiple fee tables, Planning data conversion and four additional training days. AGR 97-283(3) Bakersfield, California, November 28, 2001 - Page 8 CONSENT CALENDAR continued Contract Change Order No. 5 to Agreement No. 00-309 with Griffith Company, ($42,626, for a total Contract amount of $1,111,201) for the Resurfacing/Interconnect Various Streets in the City of Bakersfield 1999-2000 Phase II Project. (Wards 2,5,7) Bids: Traffic Signal and Lighting System Installation on Auburn Street at Eissler Street. (Ward 3) ABS MAGGARD Accept bid to award contract to Loop Electric Company, $80,849.50 CON 01-308 Transfer $15,000 of Capital Improvement Program Budget Appropriations from the Street Maintenance Chip/Slurry Seal Project to the Traffic Signal and Lighting System Installation on Auburn Street at Eissler Street Project within the Gas Tax Fund. Mo Accept bid from Fire Services Specialty and Supply, $97,938.17 for five rescue tools. Miscellaneous: Nunn-Lugar-Domenici Domestic Preparedness Equipment Program Grant (Bakersfield Fire Department): Accept $64,499.62 in equipment and supplies from Nunn-Lugar-Domenici Domestic Preparedness Equipment Program Grant. (Weapons of Mass Destruction) Approve Fire Department Application for an additional $279,997 Nunn-Lugar- Domenici Domestic Preparedness Equipment Grant. Appropriate $279,997 Department of Justice grant funds to the Fire Department General Fund Operating Budget. Maggard announced abstention from Item 8.t. due to potential source of income. Motion by Salvaggio to adopt Consent Calendar Items a. through v. APPROVED HEARINGS e. Bakersfield, California, November 28, 2001 - Page 9 ACTION TAKEN Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished. (Wards 2,6) RES 180-01 Jack Hardisty, Development Services Director, gave a brief update. Hearing opened at 7:32 p.m. No one spoke at hearing. Hearing closed at 7:32 p.m. Motion by Benham to adopt the resolution. APPROVED Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter. (Wards 1,2,3,5,7) RES 181-01 Jack Hardisty, Development Services Director, requested Item No. 12. 211 Columbus Street be removed from the assessment list. Hearing opened at 7:34 p.m. No one spoke at hearing. Hearing closed at 7:34 p.m. Motion by Carson to adopt the resolution. APPROVED Resolution/Right of Way Exchange Agreement: (Ward 4) Resolution ordering the vacation of a portion of old (superseded) Coffee Road south of the Burlington Northern Santa Fe Railway. RES 182-01 Right of Way Exchange Agreement with World Oil Corporation located on Coffee Road, north of Brimhall Road, south of the BNSF railroad tracks. AGR 01-309 Hearing opened at 7:34 p.m. 329 No one spoke at hearing. 330 10, Bakersfield, California, November 28, 2001 - Page 10 HEARINGS continued c. Hearing closed at 7:35 p.m. Motion by Couch to adopt the resolution and approve the agreement. REPORTS a. 1976 General Obligation Water Bonds Refinancing Proposal. NAT Greg Klimko, Finance Director gave a report. AQTION TAKEN APPROVED 11. DEFERRED BUSINESS 12. NEW BUSINESS Property Acquisition Mesa Marin Sports Complex: (Ward 3) Purchase Agreement with Frank A. and Virginia Collins, $650,000 to purchase real property at 1100 Kern Canyon Road. o Appropriate $600,000 from Park Improvement Fund Balance to the Capital Improvement Budget. Appropriate $50,000 from Transportation Development Fund Balance to the Capital Improvement Budget. Stan Ford, Recreation and Parks Director Staff gave a computer presentation. Carson requested staff provide a report on balances of park Improvement funds available for each ward. Motion by Maggard to approve agreement and appropriations. AGR 01-310 AGR 01-311 DEED 5505 APPROVED 13. COUNCIL & MAYOR STATEMENTS Benham referred to Community Services Committee the Issue of installation of City entry signs. Benham referred to Public Works the issue of possible over watering in median strips and concern of causing street damage, requested a report back. 13. Bakersfield, California, November 28, 2001 - Page 11 COUNCIL & MAYOR STATEMENTS continued Benham requested staff provide clarification to questions regarding City Center Project: · The expiration date of DDA ? · If terms ars not mst by December 18~ would the project be dead? · When will the resolution of necessity be brought to Council for approval? · Also requested staffprovide a copy of the site plan to each Council member. Maggard requested staff provide Council with additional information regarding the City Center Project: resolution of necessity, Oversite Committee Review, and financing agreements, prior to voting on this issue. Maggard rsferrsd to Police Chief Matlock the issue of Bio-sphers Chat Line and requested staff review that they ars abiding by the law. Maggard gave a brief update of the San Joaquin VaLley Air Board meeting. Couch would also like to receive additional information rsgarding the City Center Project. Couch requested Finance Director Klimko call him. Couch stated he received letter from Ron Brummett, Kern COG, regarding the Bakersfield System Study and requested Mayor Hall respond. Couch requested Public Works Director Rojas call him. Couch rsferrsd to staff a letter from Rosedale Rio Bravo and requested staff's comments. Couch referred to Legislation and Litigation Committee the issue of Assembly Constitution amendment four, regarding Gas Tax. Hanson asked a question regarding the forgiveness of loans related to hiring employees at some business, such as Pleasant Holidays. City Manager Tandy responded. Carson rsferrsd to Public Works a letter from David Walker regarding stop signs along H Street. Carson requested staff provide the status of the next City~County meeting. 13. Bakersfield, California, November 28, 2001 - Page 12 COUNCIL & MAYOR STATEMENTS continued Salvaggio requested Public Works review Wilson Road between Wible and So. H, Hughes and Fremont for road repairs. Salvaggio made comments regarding the City Center Project. Maggard asked Mr. Decker to speak with him. Mayor Hall commended the Police and Water Resources for their efforts regarding the bike path. Mayor Hall thanked the City Manager and staff for the High Speed Rail response. Mayor Hall commended Councilmember Maggard for his efforts regarding Air Quality Board. ACTION TAKEN 14. ADJOURNMENT Mayor Hall adjourned the meeting at 8'.~8 p.m. MAYOR o~'the City of Bakersfield?CA ATTEST: CITY CLERK and Ex Officio Clerk o~'t~e Council of the City of Bakersfield