HomeMy WebLinkAbout08/27/03 MINUTES CCMINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
AUGUST 27, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
ACTION TAKEN
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan (seated at 5:20),
Salvaggio
Absent: Maggard
2. WORKSHOP
Traffic Signal Synchronization Programs.
Public Works Director Rojas introduced Traffic Engineer
Steve Walker, who made a computer presentation and
provided handouts.
b. Anti-Graffiti Program Coordination with County of Kern.
Public Works Director Rojas informed the Council that the
City's graffiti removal program was presented to, and
recognized by, the American Public Works Association on
Sunday, August 24, 2003.
Public Works Director introduced Steve Hollingsworth,
General Services Superintendent, who in turn introduced Bert
McCarthy, Kern County Administrative Coordinator 'Graffiti
Off' Program. Hollingsworth and McCarthy presented
City/County coordinated anti-graffiti program information.
c. City Council Goal Setting.
Council recessed to the City Manager's Conference Room at
5:55 to discuss this item.
Bakersfield, California August 27, 2003 - Page 2
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (C) of Government
Code section 54956.9. Goland and Roy v. City of Bakersfield,
et al Kern County Superior Court Case No. 250490-AEW
Motion by Couch to recess to Closed Session at the conclusion
of the Workshop, 6:25 p.m.
Motion by Salvaggio to recess from Closed Session at 6:55 p.m.
ACTION TAKEN
APPROVED
AB MAGGARD
APPROVED
AB MAGGARD
REGULAR MEETING
1. INVOCATION by Pastor Eddie Summers, Grace Assembly of God
Church.
2. PLEDGE OF ALLEGIANCE by James Summers, 4t~ Grade Student,
Stockdale Christian School.
3.
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent: Maggard
CLOSED SESSION ACTION
Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (C) of Government
Code section 54956.9. Goland and Roy v. City of Bakersfield,
et al Kern County Superior Court Case No. 250490-AEW
PRESENTATIONS
Mayor Hall introduced Harley Pinson, chairman of the John Brock
Award Committee, who made comments regarding the award.
Presentation by Mayor Hall of Proclamation to Lou & Sheryl
Barbich, proclaiming September 10, 2003 as "Lou & Sheryl
Barbich Day."
NO
REPORTABLE
AC~ON
29
Bakersfield, Califomia August 27, 2003 - Page 3
PUBLIC STATEMENTS
Dick Taylor spoke regarding the Off-Highway Vehicle Park
Project.
Miles Muzio spoke regarding the Hero's Parade October 10,
2003 and provided handouts.
APPOINTMENTS
Appointment of members of the City - County Ad Hoc
Committee on Emergency Medical Services Delivery System
in the Greater Metropolitan Bakersfield Area.
CONSENT CALENDAR
Minutes:
Approval of minutes of Regular Council Meeting July 30,
2003.
Payments:
Approval of department payments from July 18, 2003 to
August 14, 2003 in the amount of $11,846,667.72 and self
insurance payments from July 18, 2003 to August 14, 2003
in the amount of $594,800.76.
Ordinances:
c. First Reading of Ordinance Revisions:
1. Ordinance amending Section 15.80.080 A. of the FR
Bakersfield Municipal Code relating to formula for fees
in-lieu of land dedication.
2. Ordinance amending Section 16.16.020 of the FR
Bakersfield Municipal Code relating to Tentative Maps
- Forms.
Ordinance amending Section 16.16.080 of the
Bakersfield Municipal Code relating to Tentative Maps
- Extension.
ACTION TAKEN
DELETED
Ordinance amending Section 16,28.170 P. of the FR
Bakersfield Municipal Code relating to Lots.
FR
Ordinance amending Section 16.52.030 of the
Bakersfield Municipal Code relating to Tentative Maps
- Appeals.
30
Bakersfield, California August 27, 2003 - Page 4
CONSENT CALENDAR continued
d. Drainage and sewer facilities:
First reading of an Ordinance amending Section
16.32.060 E. of the Bakersfield Municipal Code
relating to sewer areas.
First reading of an Ordinance amending Section
16.32.060 of the Bakersfield Municipal Code relating
to drainage and sewer facilities.
Resolution of Intention No. 1315 to establish the Tevis
Ranch Planning Drainage Area and preliminarily
approving the boundaries of the area and the cost and
fee schedule.
Ordinance amending Sections 1.12.010, 1.12.040 and
1.12.070 of the Bakersfield Municipal Code by adding
Annexation 437 to Wards 1 and 4, and Annexation No. 438 to
Wards 4 and 7.
Ordinance adopting the Negative Declaration and amending
Title 17 of the Municipal Code and Zoning Map No. 101-11
from A (Agriculture) to R-1 (One Family Dwelling) zone on 55
acres and to C-2/PCD (Regional Commercial/Planned
Commercial Development) on 25 acres located at the
southwest corner of Kratzmeyer Road and Allen Road (ZC
03-0014).
Ordinance adopting the Notice of Exemption and amending
Title 17 of the Municipal Code and Zoning Map No. 102-08
from OS (Open Space) to R-2 (Limited Multiple-Family
Dwelling) on 9,941 square feet and from R-2 to OS on 2,695
square feet located approximately 200 feet south of the Olive
Drive - Via Tevere Street intersection (ZC 03-0339).
Ordinance adopting the Negative Declaration and amending
Title 17 of the Municipal Code and Zoning Map No. 124-02
from A (Agriculture) to R-l/PUD (One Family
Dwelling/Planned Unit Development) on 81.10 acres located
approximately 1,600 feet south of State Route 58 between
Zephyr Lane (Extended), Shirley Lane (Extended), Sterling
Road (Extended) and Oswell Street (Extended) (ZC 03-0343).
ACTION TAKEN
FR
FR
ROI 1315
ORD 4137
ORD 4138
ORD 4139
ORD 4140
,3!
Bakersfield, California August 27, 2003 - Page 5
CONSENT CALENDAR continued
Ordinance adopting the Negative Declaration and amending
Title 17 of the Municipal Code and Zoning Map No. 124-20
from A (Agriculture) to R-1 (One Family Dwelling) on 81.7
acres, A (Agriculture) to R-2 (Limited Multiple Family) on 4.5
acres, and A (Agriculture) to C-2 (Regional Commercial) on
12 acres located adjacent to the west side of Cottonwood
Road, between East Pacheco Road and East Fairview Road
(ZC 03-0362).
Ordinance adopting the Notice of Exemption and amending
Title 17 of the Municipal Code and Zoning Map Nos. 103-31,
123-11,103-24 and 123-24 (on five separate sites) (ZC 03-
0394).
Ordinance adopting the Negative Declaration and amending
Title 17 of the Municipal Code and Zoning Map No. 123-25
from A-20A (Agriculture-20 acre minimum) to R-1 (One
Family Dwelling) on 20 acres located along the north side of
Hosking Avenue, generally located between Wible Road and
State Route 99 (ZC 03-0418).
Resolution of Intention No. 1308 to add territory, Area 1-43
(Allen, Noriega NE) to the Consolidated Maintenance District
and preliminarily adopting, confirming and approving Public
Works Director's Report.
Resolution of Intention No. 1310 to add territory, Area 4-28
(Paladino, Morning SW) to the Consolidated Maintenance
District, preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1312 to add territory, Area 3-22
(Akers, McKee SE) to the Consolidated Maintenance District,
Preliminarily adopting, confirming and approving Public Works
Director's Report.
Resolution adding territory, Area 1-27 (Noriega, Old Farm
NW) to the Consolidated Maintenance District and confirm the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County
Tax Collector.
ACTION TAKEN
ORD 4141
ORD 4142
ORD 4143
ROI 1308
ROI 1310
ROI 1312
RES 158-03
Bakersfield, California August 27, 2003 - Page 6
CONSENT CALENDAR continued
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City of Bakersfield,
property identified as Annexation No. 450, located along the
south side of McKee Road, generally between Wible Road
and State Route 99.
Resolution authorizing the submission of a grant application
for grant funds from the State of California, Department of
Parks and Recreation, Recreational Trails Program.
r. Jobs-Housing Balance Incentive Grant:
Resolution of the Council of City of Bakersfield
authorizing the requisite City personnel to execute all
documents required to access Jobs Housing Balance
Incentive Grant Program (JHBP) funds from the State
of California.
Appropriate $314,822 Jobs-Housing Balance
Incentive Grant funds to the Recreation and Parks
Department, Capital Improvement project Budget
within the Park Improvement Fund.
Construction of road connection to Coffee Road from Tract
6018:
Agreement for Infrastructure Development with Elmer
F. Karpe, Inc. ($40,000.00) to facilitate construction of
a road connection to Coffee Road from Tract 6018.
Appropriate $40,000.00 Gas Tax Fund Balance to the
Capital Improvement Budget.
Agreement with the County of Kern to raise four (4) City of
Bakersfield sewer manholes within Oswell Street.
Three (3) year lease Agreement with Ultrex for a Minolta
Di650 copier for Police Department.
Contribution Agreement with the Bakersfield Symphony
Orchestra in the amount of $45,000.00 for Fiscal Year 2003-
04.
ACTION TAKEN
RES 153-03
RES 154.03
RES 155-03
AGR 03-245
AGR 03-246
AGR 03-247
AGR 03-248
Bakersfield, California August 27, 2003 - Page 7
CONSENT CALENDAR continued
Contribution Agreement with the Bakersfield Museum of Art
in the amount of $22,500.00 for Fiscal Year 2003-04.
Agreements with California State Firefighters' Association,
Incorporated, Altaville-Melones Fire District, and Bakersfield
College - Fire Technology Program, to purchase one hundred
twenty-seven (127) surplus self contained breathing
apparatus from the City for $1.00 each for a total of $127.00.
y. Stonecreek Park:
Agreement with Stonecreek Partners, Inc.
($310,000.00) for development of Stonecreek Park,
Phase II. ($100,000.00 reimbursement at completion
and $210,000.00 reimbursement in future semi-annual
installments.)
Appropriate $100,000.00 Park Improvement Fund
Balance to reimburse the developer.
Right of Way Contract with Caltrans ($800.00) for the
purchase of 0.40 acres at the intersection of State Highway
178 and Mount Vernon.
aa. Tract Map and Improvement Agreements:
Final Map and Improvement Agreements with GMAC
Model Home Finance and Lennar Bakersfield, Inc. for
Tract 6077, Units 5 and 6, located north of Olive Drive
and west of Calloway Drive.
Final Map and Improvement Agreement with GMAC
Model Home Finance and Lennar Bakersfield, Inc. for
Tract 6082, Unit 3, located north of Pacheco Road
and west of Old River Road.
bb.
Transportation Impact Fee Agreement with Castle & Cooke
California, inc. for Tract 6030 (Estimated Impact Fee Credit-
$328,086.00), located on Buena Vista Road and Allen Road.
ACTION TAKEN
AGR 03.249
AGR 03-250
AGR 03-251
AGR 03-252
AGR 03-253
AGR 03-254
DEED 5938
AGR 03-255
AGR 03-256
AGR 03-257
AGR 03-258
AGR 03.259
AGR 03-260
cc.
Transportation Impact Fee Agreement with Lennar
Bakersfield, Inc. for Tract 6032 (Estimated Impact Fee Credit
- $250,000), located north of Ming Avenue between Buena
Vista Road and Allen Road Boulevard.
AGR 03-261
8o
Bakersfield, Califomia August 27, 2003 - Page 8
CONSENT CALENDAR continued
dd.
ee.
gg.
hh.
ii.
Consultant Agreement with Maurice Etchechury ($100,000)
for Project Management Services on Various Capital Projects.
Consent to Common Use Agreement between the City of
Bakersfield and Union Oil Company of California for an
easement within Oswell Street.
Agreement with Michael Brandman and Associates (not to
exceed $34,650) for consultant services to conduct a public
environmental review of the Bakersfield Landfill Cap Project.
Bakersfield Sanitary Landfill Closure Project - Landfill Gas
System Services
Termination of Agreement 03-035 with LFG&E, Intl.
For Landfill Gas Systems Services
Agreement with GC Environmental, Inc for Landfill
Gas System monitoring, maintenance and additional
construction no to exceed $500,000 for three years.
Metropolitan Medical Response System Grant:
Amendment to Agreement with The Best Solution, Inc.
to prepare Modifications II and III of Metropolitan
Medical Response System for the City of Bakersfield
for $62,500.
Appropriate $480,000 Federal Grant Revenue to the
Fire Department General Fund Operating Budget.
Amendment No. 1 to Agreement No. 99-95 with Boyle
Engineering Corp. ($10,000.00 for a total not to exceed
compensation clause of $85,000.00) for design consulting
services for the expansion and modifications of effluent
storage reservoirs at Wastewater Treatment Plant 2 Project.
Amendment No. 2 to Agreement No. 03-108 (CA 03-013) in
an amount of $20,000.00 (for a total not to exceed
$75,000.00) with Rutan & Tucker for outside legal services in
the matter of Stevens v. City of Bakersfield, Superior Court
Case No. 249329 NFT.
ACTION TAKEN
AGR 03-262
AGR 03-263
AGR 03-264
AGR 03-265
AGR 02-299('1)
AGR 99-95('1)
AGR 03. fOB(f)
Bakersfield, California August 27, 2003 - Page 9
CONSENT CALENDAR continued
kk.
Amendment No. 2 to Agreement No. 02-356 (CA 02-040) in
an amount of $60,000.00 (for a total not to exceed
$140,000.00) with Michael G. Marderosian for outside legal
services in the matter of Ochoa v. City of Bakersfield, United
States District Court Case No. CV-F-5559 AWl DLB.
II.
Contract Change Order No. 3 to Agreement No. 02-307 with
Granite Construction Company ($28,750.14, for a revised
amount of $737,644.61 ) for the project known as Realignment
of Comanche Drive at SR 178 and Installation of Traffic
Signal, Lighting and Flashing Beacons System at Comanche
Drive, SR 178 and Alfred Harrell Highway.
mm,
Amendment No. I to Agreement No. 02-341 with Kern
Economic Development Corporation for an amount not to
exceed $54,000 for economic development in Kern County.
nn,
Amendment No. I to Agreement No. 00-140 with Bakersfield
Civic Light Opera Association (a.k.a. Bakersfield Music
Theatre) for early release of mortgage collateral.
OO,
Accept bid to award annual contract to L. N. Curtis & Sons,
for protective jackets and trousers for structural fire fighting,
not to exceed $64,000.00.
PP.
Covenant to establish shared use of parking for Ice Sports of
Bakersfield and McMurtrey Aquatic Center.
qq.
Acceptance of 2002-03 Transportation Development Act
Funds Financial Statement.
tr.
Accept donation of $1,257 from Target Stores Inc. to the
Bakersfield Police Department Investigations Division and
appropriate same to the Police Department Investigations
Division Budget in the General Fund for purchase of a time-
lapse video recorder and video printer.
SS,
Appropriate $200,000 Transportation Development Fund
Balance to the Capital Improvement Budget for the White
Lane at State Route 99 Overcrossing Widening and
Interchange Project.
tt.
Appropriate $360,000.00 Transportation Development Fund
balance to the Capital Improvement Budget for construction
of large box culvert at the intersection of Calloway Drive and
Olive Drive.
ACTION TAKEN
AGR 02-356(I)
CC03 02-307
AGe 02-34 ( )
AGe 00- 40( )
AGR 03-266
DEED 5939
36
Bakersfield, California August 27, 2003 - Page 10
CONSENT CALENDAR continued
uu. City positions on League of California Cities Resolutions.
vv. Community Development Block Grant (CDBG) Economic
Development Loan Policy.
Motion by Couch to adopt Consent Calendar 8.a. through 8. vv.
with corrections to typographical errors in items jj. and kk.
HEARINGS
a. Protest Hearing for proposed Assessment District No. 03-1
(Brighton Place/Silver Creek II).
Staff Comments by Public Works Director Rojas.
Hearing opened at 7:22 p.m.
No one spoke.
Motion by Couch to continue the hearing to the September 24,
2003 Council Meeting.
b. Protest Hearing for proposed Assessment District No. 03-2
(Buena Vista Ranch/Belsera ll/Montara II/Olive Park II).
1. Resolution approving Final Engineer's Report, levying
assessments, ordering improvements and authorizing
and directing related actions.
Staff comments by Public Works Director Rojas.
Hearing opened at 7:24 p.m.
No one spoke.
Hearing Closed at 7:24 p.m.
Motion by Couch to adopt the Resolution.
ACTION TAKEN
APPROVED
AB MAGGARD
APPROVED
AB MAGGARD
RES 156-03
APPROVED
AB MAGGARD
10.
11.
12.
Bakersfield, California August 27, 2003 - Page 11
HEARINGS continued
c. Public Hearing regarding Amendment No. 1 to Resolution No.
178-02 adopting the Street Cut Workmanship and
Performance Warranty Fee confirming effective dates of
phased in fee increase.
Staff comments by Public Works Director Rojas,
Hearing opened at 7:25 p.m.
No one spoke.
Hearing closed at 7:25 p.m.
Motion by Couch to approve the Amendment to the Resolution.
d. Resolution ordering the vacation of the 20 foot wide alley west
of Chester Avenue between 26~ and 27~ Streets (Block 486).
Staff comments by Public Works Director Rojas.
Hearing opened at 7:27 p.m.
No one spoke.
Hearing closed at 7:27 p.m.
Motion by Benham to adopt the Resolution.
REPORTS
a. Report on Westside Parkway Landscaping and Aesthetic
Treatment.
Staff comments by Public Works Director Rojas, who
introduced Ted Wright, Civil Engineer, who provided handouts
and presented Jeff Chapman, who made a computer
presentation regarding Parkway Landscaping and Aesthetic
Treatment.
Council accepted the Report.
DEFERRED BUSINESS
NEW BUSINESS
ACTION TAKEN
RES 178-02(1)
APPROVED
AB MAGGARD
RES 157-03
AB MAGGARD
APPROVED
AB MAGGARD
38
13.
Bakersfield, California August 27, 2003 - Page 12
COUNCIL AND MAYOR STATEMENTS
Salvaggio requested the Mayor issue a Proclamation, on behalf of
Greenfield Union School, declaring October 9, 2003 as 'Lights On
After School Day' in affirmation of after school programs.
Salvaggio requested staff review a letter from Greenfield School
District Superintendent, Gary L. Rice, to consider moving the
planned signal light at Monitor and Panama Lane to the
intersection of Berkshire and Monitor.
Salvaggio thanked Dennis Fidler, Ron Fraze, and their staffs for
resolving parking issues on behaff of the Stine Ranch
Homeowners Association; additionally requested staff continue
to resolve drainage problems in the area and assure these
problems will remain under control
Salvaggio requested staff investigate the feasibility of installing
stop signs at South H and Berkshire and South Union and
Berkshire.
Salvaggio requested the Police Department provide extra
enforcement to deter speeders at Sidney and South Eye.
Saivaggio thanked Sgt. Faulkenberry for his assistance in providing
information and extra reinforcement of patrols in an area experiencing
increased crime.
Salvaggio thanked Jack LaRochelle for his assistance in the recent
absence of Public Works Director Rojas.
Salvaggio requested an update on the sewer projects in the
Pacheco area.
Salvaggio confirmed with Public Works Director Rojas the White
Lane/Freeway 99 project is still on schedule.
Salvaggio thanked John Russo, Russ and Pat Kniffen, Sue Carrillo,
and Lawrence and Brenda Findley for recent correspondence.
Salvaggio requested Urban Forrester Paul Graham provide an
update regarding alley clearance project.
Salvaggio requested an update on the status of the abatement
of a vacant lot on Hughes Lane.
Salvaggio requested staff provide advance notice to the Council
before additional red light enforcement intersections are
activated.
ACTION TAKEN
39
13.
Bakersfield, California August 27, 2003 - Page 13
COUNCIL STATEMENTS continued
Sullivan welcomed the Mayor back from vacation.
Sullivan requested staff contact her so she can provide contact
information to a citizen on Nottingham Lane regarding severe
potholes and City sprinklers causing damage in the street.
Sullivan directed staff contact her so she can provide
information regarding a citizen's request on behalf of the
Fountain Spring Estates Homeowners Association that a City
owned chain link fence be replace by a block wall; in addition
the Homeowners Association would like to transfer maintenance
for the adjacent sump to the City.
Hanson requested repairs be made to the curb and sidewalk at
the southwest corner of Ming and Ashe.
Hanson requested information regarding parking for 18-wheel trucks.
Hanson requested information regarding a Police Academy class for
January 2004.
Hanson requested staff provide him information regarding the
City's timeline for acquiring future fire station sites in light of
large developments, such as McAlister Ranch.
Benham referred to the Legislative and Litigation Committee the
issue of standardizing the special event permit notification
procedures.
Banham requested Solid Waste staff respond to a constituent's
letter regarding green waste clippings spilling into gutters and
clogging storm drains.
Benham requested she be kept informed regarding the
resolution of issues between California Water and the
Greenbrier Homeowners Association.
Benham requested staff research the feasibility of providing a
secured bicycle parking area at Centennial Garden in order to
encourage bicycle transportation during day time events.
ACTION TAKEN
Benham requested staff conduct workshops incorporating
various design features encouraging pedestrian traffic.
4O
t3.
14.
Bakersfield, California August 27, 2003 - Page 14
COUNCIL STATEMENTS continued
Benham encouraged Assemblywoman Parra to reconsider her
position on the package of air quality measures before the Assembly
tomorrow.
Carson requested information regarding a street sweeping calender.
Carson requested an update on the sewer line between Brundage
and l't Street.
Couch requested staff respond to concerns of the Riverlakes
Homeowners Association regarding landscape maintenance in
their area; provide a description of planned actions and time
frame for accomplishment.
Couch requested clarification regarding URS Consulting and
conflicting recommendations made by the firm.
Couch requested additional police patrol in the Ming and Old
River area in the evenings and on weekends.
Couch requested staff contact the County regarding grand jury
parking concerns.
Couch thanked Jack Hardisty and Stan Grady for attending a County
meeting regarding air quality and transportation impacts.
Couch thanked the Council for attending the August 20 Special
Meeting and Mayor Hall for allowing him to chair the meeting.
ADJOURNMENT
Mayor Hall adjourned the meeting at 8:29 p.m.
MAY~R of the C~ of'Bakersfield, CAi
,/
ATTEST:
CITY CLERK and Ex Officio Clerk~he
City of Bakersfield, California
ACTION TAKEN