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HomeMy WebLinkAbout03/26/03 MINUTES CCMINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING MARCH 26, 2003 City Council Chamber, City Hall, 1501 Truxtun Ave. Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m. ACTION TAKEN PREMEETING 1. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Sullivan, Salvaggio Hanson 2. WORKSHOP Metropolitan Bakersfield Freeway Beautification Master Plan Design Guidelines. Staff comments by Public Services Director Rojas and Civil Engineer Ramming. Leslie Temple, Vice President and Chief Financial Officer, NUVIS, presented an over-view of the Master Plan. Maggard requested staff work with NUVIS to implement cultivation of vines on walls fronting roadways in an effort to impede graffiti. Mayor Hall complimented the NUVtS staff, City staff, and the citizen's committee on the Master Plan. Presentation by Paul Graham, Urban Forrester, and Dana Karcher, Executive Director - Tree Foundation of Kern, on the Value of City Trees. Benham requested the Urban Development Committee take action on the three recommendations by the Tree Foundation of Kern. ¸2. Bakersfield, California March 26, 2003 - Page 2 WORKSHOP continued Salvaggio requested staff assure the trees in the median on South H Street, between Ming Avenue and Wilson Road are properly maintained. Salvaggio requested staff assure trees are planted in the median south of Wilson Road, on South H Street, before summer. Motion by Couch to recess to Closed Session at 6:17 p.m. CLOSED SESSION Conference with Legal Counsel - Existing Litigation; Closed session pursuant to subdivision (a) of Government Code section 54956.9. Zachary David Faulconer v. City of Bakersfield, et al.; Kern County Superior Court Case No. 245793-SPC. Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b)(3)(c) of Government Code Section 54956.9 Two (2) potential cases. Regarding the item b., the Clerk announced at the time of the agenda posting, the City had not been formally served. Since the posting the first case was served and is captioned 'Bakersfield Citizens for Local Control vs. City of Bakersfield with the real party in interest being Castle & Cooke, Case No. 249668.' The second case is 'Bakersfield Citizens for Local Control vs. City of Bakersfield with the real party in interest being Bakersfield Panama 99 Properties LLC, Case No. 249669.' Closed Session is held pursuant to Government Code Section 54956.9. Motion by Benham to adjourn from Closed Session at 7:05p. m. REGULAR MEETING 1. INVOCATION by Pastor Rich Paradis, Valley Baptist Church. 2. PLEDGE OF ALLEGIANCE by Micaela Bailey, 5~ Grade Student, Fremont Elementary School. ACTION TAKEN APPROVED AB HANSON APPROVED AB HANSON Bakersfield, California March 26, 2003 - Page 3 ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham Maggard, Hanson, Sullivan, Salvaggio Absent: Hanson CLOSED SESSION ACTION Conference with Legal Counsel - Existing Litigation; Closed session pursuant to subdivision (a) of Government Code section 54956.9. Zachary David Faulconer v. City of Bakersfield, et al.; Kern County Superior Court Case No. 245793-SPC. Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b)(3)(c) of Government Code Section 54956.9 Two (2) potential cases. PRESENTATIONS Presentation by Mayor Hall of a Plaque and Certificates to Compton Junior High School Students for the 2002 Highway 99 Car Show and Cruise Video, and presentation by Art Carlock, Chairman, Highway 99 Committee, of a check to the Bakersfield Recreation and Parks Department. Presentation by Vice-Mayor Couch of a Proclamation to Maj. Ray Hopkins, Bakersfield Marine Corps Reserve, proclaiming April 25, 2003, as "Peacetime Wartime Support Team Day." Mayor Hall acknowledged a Ridgeview High School government class, an East High School government class and a Bakersfield College political science class. PUBLIC STATEMENTS a. John Launer spoke regarding the airpark. Ned Dunphy, Erin Dunphy, Karen Frederick, and Cindy Eggert spoke regarding curbside recycling. ACTION TAKEN NAT NAT c. Dennis Fox spoke regarding freeway beautification and cost effectiveness. 84 (Ward 3) (Ward 4,5) (Ward 4) Bakersfield, California March 26, 2003 - Page 4 APPOINTMENTS One appointment to the Keep Bakersfield Beautiful Committee due to the expiration of term of Kimbedy Ceasar, term expired November 2002. Motion by Maggard to appoint Sherry Core to the Keep Bakersfield Beautiful Committee. Two appointments to the Historic Preservation Commission, due to the expiration of terms of Timothy Scanlan and Scott Fieber, terms expire March 30, 2003. Couch requested the appointments the Historic Preservation Commission be deferred to the next meeting. CONSENT CALENDAR Minutes: a. Approval of March 12, 2003 Council Meeting minutes. Payments: Approval of department payments from February 28, 2003 to March 13, 2003 in the amount of $9,511,132.23 and self insurance payments from February 28, 2003 to March 13, 2003 in the amount of $156,546.19. Ordinances: Resolutions: Resolution adding territory, Area 1-34 (Olive, Old Farm 2) 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. ACTION TAKEN APPROVED AB HANSON RES 043-03 8o (Ward 2) (Ward 4,5) (Ward 4,5,6) Bakersfield, California March 26, 2003 - Page 5 CONSENT CALENDAR continued Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2003-04 to be utilized for the maintenance of the Bakersfield Amtrak Station during said fiscal year. Assessment District No. 03-2, (Buena Vista Ranch/Belsera II/Montara II): Resolution Accepting Petition and Determining to Undertake Special Assessment Proceedings. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services. Agreement with Phillsbury Winthrop, LLP, Disclosure Counsel, for legal services. Agreement with Wilson & Associates, for Assessment Engineering. Assessment District No. 03-1, (Brighton Place/Silver Creek II/Seven Oaks Commercial): Resolution Accepting Petition and Determining to Undertake Special Assessment Proceedings. Agreement with Ordck, Herrington & Sutcliffe, Bond Counsel, for legal services. Agreement with Phillsbury Winthrop, LLP, Disclosure Counsel, for legal services. Ag reement with Wilson & Associates, for Assessment Engineering. Resolution encouraging the League of California Cities, the National League of Cities, and the National Conference of Mayors to Support Legislation Earmarked for General High Speed Rail Funding with Particular Attention to the California Safe, Reliable High-Speed Passenger Train Bond Act of the 21st Century and the Federal Young-Overstarr High Speed Rail Bill, and Support Continuance of Administration within the California High Speed Rail Authority. ACTION TAKEN RES 044-03 RES 045.03 AGR 03-056 AGR 03-057 AGR 03-058 RES 046-03 AGR 03-059 AGR 03.060 AGR 03-061 RES 047-03 86 (Ward '1,4) (Ward 2) Bakersfield, California March 26, 2003 - Page 6 CONSENT CALENDAR continued Resolutions of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 446 & 447 located along the west side of Oswell Street, south of State Route 58 and located along the north side of Snow Road, east and west of Calloway Drive. Resolution of the Council of the City of Bakersfield 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 of Bakersfield for which structures have been demolished and authorize collection of the assessments by the Kern County Tax Collector. Resolution of the Council of the City of Bakersfield authorizing submittal of a grant application to secure a CEGP grant from the State of California, Department of Housing and Community Development. Resolution authorizing the Finance Director to dispense with usual bidding procedures and to purchase Motorola Communications Console for the Police Radio Communications Dispatch Center, not to exceed $300,000. ACTION TAKEN RES 048-03 RES 049-03 RES 050-03 RES 051-03 RES 052-03 Resolution of the Council of the City of Bakersfield in support of SB 465 amending the Transit Village Development Planning Act of 1994, providing cities opportunity to attract private capital for housing and other redevelopment around rail transit stations. RES 053-03 (Ward 5) (Ward 7,4) Bakersfield, Califomia March 26, 2003 - Page 7 CONSENT CALENDAR continued m. Re-plastering and related work at Silver Creek park Pools: Resolution stating that re-plastering the Silver Creek Pool and Wading Pool and related work is necessary to preserve health and authorizing the Finance Director to dispense with formal bidding and negotiate a contract based upon informal bidding procedures. Authorize the Public Works Engineer to execute the contract with lowest qualified bidder to complete this work not to exceed $100,000. Transfer $100,000 from the Recreation and Parks General Fund Operating Budget to the Capital Outlay Fund Capital Improvement budget and appropriate those funds for re-plastering the Silver Creek Pools. n. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Harry A. Hardy for Tract 5762 Phase F located north of Berkshire Road and west Wible Road. Final Map and Improvement Agreement with Communities At Westlake, LLC for Tract 6077 Unit 10 located north of Olive Drive and west of Calloway Drive. Amendment No. I ($300,000 increase for a total compensation of $925,500) to Agreement No. 02-215 with Jim Alfter Cement Contractor for construction and repair of concrete work for the Streets Division. Agreement with MAXIMUS INC. to prepare citywide cost allocation plan and indirect cost rate proposal for the City, in accordance with federal overhead guidelines established by Office of Management and Budget (OMB A-87), ACTION TAKEN RES 054-03 AGR 03-062 AGR 03-063 AGR 03-064 AGR 02.215(1) REMOVED FOR SEPARATE CON~IDERA TION (Ward 2) (Ward 4) (Ward 2) (Ward 2) Bakersfield, California March 26, 2003 - Page 8 CONSENT CALENDAR continued Construction and Maintenance Agreement with the Burlington Northern and Santa Fe Railroad for the Mohawk Street Separation of Grade. r. Bakersfield Ice Center: Contract Change Order No. 1 to Agreement No. 03- 018 with S.C. Anderson Inc. for a credit of $74,686 (for a revised total contract amount of $5,415,314) for the Bakersfield Ice Center Project. Contract Change Order No. 2 to Agreement No. 02-069 with Bowman Asphalt in the amount of $49,767.98 (for a revised total contract amount of $858,926.18 for the Southwest Kern River Bike Path Extension Project. t. Demolition of Improvements for the Aquatic & Ice Center: Contract Change Order No. I to Agreement No. 02- 344 with Gilliam & Sons Inc. for a cost of $18,597.38 (for a revised total contract amount of $77,076.38) for the demolition of the Aquatic & Ice Center area. Amendment No. 2 to Agreement 00-240 with the County of Kern extending the time for the County to receive a $1.5 million City contribution for a new terminal at Meadows Field Airport. Agreement between the Moore, lacafano, Goltsman, Inc., a California corporation and the City of Bakersfield for development of the Baker Street Corridor Economic Development Strategy, not to exceed $132,165. Bids: Accept bid from Master Body Sales and Service, Incorporated, $43,142.39, for one replacement fire pumper body and skid unit. Accept bid to award annual contract to Pavement Recycling Systems, Incorporated, not to exceed $400,000, for cold planing for the Streets division. ACTION TAKEN AGR 03-066 cco o3.o 8( ) CCO 02.069(2) cco 02.344( ) AGR 00.240(2) AGR 03-067 AGR 03-068 (Ward 2,4) (Ward 4) Bakersfield, California March 26, 2003 - Page 9 CONSENT CALENDAR continued Miscellaneous: Adoption of Metropolitan Bakersfield Freeway Beautification Master Plan Design Guidelines. Appropriate $515,000 of additional operating revenues to the Public Works Department's Operating Budget within the Refuse Enterprise Fund for unanticipated operating costs resulting from increased activity. aa. Police Department's employee request to extend medical leave without pay beyond one hundred-eighty days, pursuant to Municipal Code Section 2.84.560 - Sick Leave Depletion. bb. Appropriations for Various Traffic Signal Projects: Appropriate $98,000 Developer Contributions and $37,000 additional Traffic Impact Fee Revenue to the Capital Improvement Budget within the Transportation Development Fund for the Traffic Signal at Buena Vista Road and Deer Peak Drive. Appropriate $135,000 Additional Traffic Impact Fee Revenue to the Capital Improvement Budget within the Transportation Development Fund for the traffic signal at Hageman Road and Patton Way. Appropriate $40,000 additional Traffic Impact Fee Revenue to the Capital Improvement Budget within the Transportation Development Fund to purchase equipment for the traffic signal modification project at Mohawk Road and Truxtun Avenue. Appropriate $125,000 additional Traffic Impact Fee Revenue to the Capital Improvement Budget within the Transportation Development Fund for acquisition of right of way for widening of Rosedale Highway between State Route 99 and Gibson Street. dd. 2003 Legislative Platform. ACTION TAKEN Motion by Couch to adopt Consent Calendar items a. through APPROVED rid. with the removal of Item 8.p. for separate consideration. AB HANSON (Ward 3) Bakersfield, California March 26, 2003 - Page 10 CONSENT CALENDAR continued Agreement with MAXIMUS INC. to prepare citywide cost allocation plan and indirect cost rate proposal for the City, in accordance with federal overhead guidelines established by Office of Management and Budget (OMB A-87). Motion by Maggard to adopt item 8.p. HEARINGS Resolution Modifying the decision of the Planning Commission approving Vesting Tentative Tract Map 6137 and the Negative Declaration, and denying the appeal by the Sierra Club. Staff comments by Development Services Director Hardisty. Hearing opened at 7:53 p.m. Babak Naficy, Esq., spoke on behalf of the Sierra Club in opposition to the staff proposal. In addition, Mr Naficy gave his opinion that placing a time limit on receiving testimony at hearings is illegal, and requested a decision on the issue be postponed based on his argument that the CEQA report is inadequate. Gordon Nipp, of the Sierra Club, and Mary Griffin, of the Kern Audubon Society, spoke in opposition to the staff recommendation and to the time constraints placed on the hearing. Benham requested time constraints be removed from this hearing item. Arthur Unger submitted written material and spoke in opposition to the staff recommendation. In addition James Rummel, Harry Love, Monty Harper and George Lavin spoke in opposition to the staff recommendation. Craig Smith and Uichelle Beck, with the Bakersfield Bluffs and Open Space Committee, presented material and spoke in opposition to the staff recommendation. Gordon Nipp spoke an additional time in opposition to the staff recommendation. Babak Naficy, Esq., on behalf of the Sierra Club, again spoke in opposition to the staff recommendation. Marria Polite spoke in opposition to the staff recommendation. ACTION TAKEN AGR 03-065 APPROVED AB HANSON RES 055-03 Bakersfield, California March 26, 2003 - Page 11 HEARINGS continued Hearing item a. continued Roger Mclntosh, Mclntosh and Associates, on behalf of Tom and Lisa Carosella and White and H Partners, spoke in support of the staff recommendation. In addition Mary Jane Wilson, President of WZI, Inc., Craig Carver and Dennis Fox spoke in favor of the staff recommendation. Babak Naficy, Esq., on behalf of the Sierra Club, and Mary Griffin, on behalf of the Audubon Society spoke in rebuttal opposition to the staff recommendation. Roger Mclntosh, on behalf of the applicant and developers, spoke in rebuttal in favor of the staff recommendation. Hearing closed at 9:13 p.m. Recess taken from 9:48 to 10:00 p.m. Benham requested staff formulate proposals for dealing with the cumulative affects of development in the Northeast area of town and report back to Council; how the view-shed will be impacted by development on the bluffs and if the issue will require revision of the Ordinance already in place. Motion by Maggard to deny the appeal and adopt the Resolution with the following stipulations: Identified steep slopes will remain part of the Open Space. A study for the presence of the blunt nose leopard lizard be conducted and the results and the means with which to deal with the blunt nose leopard lizard be approved by the Department of Fish and Game, and the progress of this project will be subject to the findings and recommendations of that study. The fence line along properties abutting the bluff will not be built above the crest line. The fence will be wrought iron and will not exceed five feet in height along the back of the lots abutting the bluff. In addition, any side fences within fifteen feet of the lot line will be wrought iron. Structures will not be erected within fifteen feet of the back fence. Lots that abut Masterson Street will have the same wrought iron fencing as the fencing at the back of the lots. ACTION TAKEN APPROVED AB HANSON 10. tt. Bakersfield, California March 26, 2003 - Page 12 HEARINGS continued Hearing item a. continued Landscaping will include oak trees, wild flowers, and boulders will be included in cuts. Two trail systems will be developed Two vista points will be developed along the multi- purpose trail, one facing east and one facing to the north. Resolution Adopting Fees Pursuant to the Cost Recovery Program. The Clerk announced the Resolution had been amended by removal of development fees. Staff comments by Assistant City Manager Stinson. Hearing opened at 11:06 p.m. Hearing closed at 11:06 p.m. Motion by Couch to adopt the Resolution and to amend the Resolution at the April 30 Council meeting to include the development fee portion of the schedule. REPORTS None. DEFERRED BUSINESS General Plan Amendment 02-0623; Mclntosh & Associates is requesting an amendment to the Cimulation Element of the Metropolitan Bakersfield 2010 General Plan deleting that segment of Masterson Street bebNeen Lake Ming Road and Bella Drive in northeast Bakersfield from the Circulation Element as a planned arterial. Appeal by the City of Bakersfield Public Works Department. The Clerk announced staff is working with the developer's engineer and they are close to a resolution. Therefore, staff and the applicant are requesting the issue be continued until the meeting of April 30. ACTION TAKEN RES 056-03 APPROVED AB HANSON Motion by Maggard to defer the item to the April 30 meeting. APPROVED AB HANSON 11. 12. 13. Bakersfield, California March 26, 2003 - Page 13 DEFERRED BUSINESS continued Application for Federal Grant funds from the Federal Aviation Administration (FAA) in the amount of $176,000 for Airport Pavement Maintenance. Public Works Director Rojas made staff comments. Motion by Carson to approve the application. Maggard requested staff set goals for making the airpark an asset and for obtaining monies for that purpose. NEW BUSINESS a. Report on Curbside Recycling Pilot Program: Amendment No. I to Agreement No. 02-008 with Metropolitan Recycling Corporation to extend the Pilot Program to June 30, 2003 at the revised monthly rate of $6.25, for a total compensation not to exceed $48,000, Appropriation of Curbside Recycling Revenues of $12,000 within the Refuse Enterprise Fund to conduct the program. Late correspondence was received from seven citizens in favor on extending the Curbside Recycling Pilot Program. Solid Waste Director Barnes gave a computer presentation and made comments. Public Works Director Rojas made Comments, Benham requested staff work with the Bakersfield Californian to inform the public regarding the availability of the Curbside Recycling Pilot Program. Motion by Benham to adopt the Agreement and appropriate funds. Salvaggio requested staff respond to questions raised by Susan B. Hamilton. MAYOR AND COUNCIL STATEMENTS Benham requested staff provide an update regarding abatement of unauthorized activities and noise violations at the Montgomery World Plaza. ACTION TAKEN APPROVED AB HANSON A GR 02.008(1) APPROVED AB HANSON 94: 13. Bakersfield, California March 26, 2003 - Page 14 MAYOR AND COUNCIL STATEMENTS continued Benham requested Code Enforcement assure graffiti is removed from the Rally building at California and Chester Avenues; in addition the Police Department to assure unauthorized persons are not occupying, or loitering on, the premises. Benham requested staff explore strategies for community outreach regarding the Ice and Aquatic Center. Benham provided information regarding and encouraging donations to the Houchin Blood Bank Bloodmobile. Maggard requested staff respond to a request by Robert and Cynthia Luke regarding an alley that is in disrepair. Maggard provided after hours phone numbers for the SPCA. Maggard requested staff immediately take steps to stop any uncontrolled accesses to Hwy. 178 and prohibit any future proposals for uncontrolled access. Salvaggio requested Senator FIorez intercede on behalf of the City in order to expedite State approval of the sound wall at the White Lane Interchange. Carson requested staff look into the need for a traffic sign at the intersection of Kincade and Texas Streets. Carson requested information regarding installation of a crosswalk at the intersection of Third Street and Chester Avenue. Carson provided information regarding the opening of the new Food Maxx Store in Ward I and thanked the Council for facilitating the store. Carson provided information regarding the ground-breaking for the Senior Housing Project on Fourth Street and thanked Council for the project. Sullivan expressed appreciation to the men and women of the military services. ACTION TAKEN 13. 14. Bakersfield, California March 26, 2003 - Page 15 MAYOR AND COUNCIL continued Couch congratulated Irma Carson on her nomination by Representative Bill Thomas to be a participant in the policy forum, 'The African American Leadership Summit', in Washington D.C., and requested staff find funding for the trip. Couch requested staff evaluate the feasibility of a traffic signal at the intersection of Coffee Rd. and Peanut, Peanut being a county street. Couch requested staff repair the brick wall at the west side of Main Plaza. Couch requested staff place additional reflectors at the Calloway grade separation and contact the County, if the area is under County jurisdiction, to request additional reflectors. Couch provided information regarding the 'Character First' program and asked staff to review the information. Mayor Hall thanked the Council for supporting item 8.g. on the Consent Calendar regarding the high speed rail. Mayor Hall thanked the Council for adopting the Metropolitan Bakersfield Freeway Beautification Master Plan Design Guidelines. Mayor Hall requested the Litigation and Legislation Committee consider presenting a Resolution to the Council in support of the League of California Cities 'Action for Better Cities, Save Our Services Program.' ADJOURNMENT Vice-Mayor Couch adjourned the me~g at 11:05 p.m. MAYOR of the City of BakersfieldfCA ACTION TAKEN ATTEST: CITY CLERK and Ex Offici~/Clerk of the City of Bakersfield, Califordi~ 9{t Bakersfield, California March 26, 2003 - Page 16