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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