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Home My WebLink About10/22/03 CC MINUTESMINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING OCTOBER 22, 2003 City Council Chamber, City Hall, 1501 Truxtun Ave. Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson (seated at 5:50) Benham, Hanson, Sullivan (seated at 5:20), Salvaggio Absent: Maggard Recess from 5:18 p.m. to 5:22 p.m. 2. WORKSHOP Presentation and overview of the Baker Street Comprehensive Economic Development Strategy. Economic Development Director Kunz introduced David Lyman who gave an overview of the project and provided handouts. Jerry Randall, Carol Gracie, Walter Williams and Marie Tap spoke regarding the issue. b. Relocation of Fire Station No. 5 using CDBG funds. Staff comments by Fire Chief Fraze. Councilmember Couch requested information regarding possible sale of the property and use of proceeds from the sale. 3. CLOSED SESSION Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Ghilarducci vs. City of Bakersfield, USDC Eastern District Court Case No. CV-F-03-6216 AWl TAG Motion by Couch to recess to Closed Session at 6:01 p.m. APPROVED Motion by Couch to recess from Closed Session at 6:41 p.m. APPROVED Bakersfield, Califomia October 22, 2003 - Page 2 REGULAR MEETING INVOCATION by Bishop Garvin Prichett, Ambassadors for Christ Ministries. PLEDGE OF ALLEGIANCE by Olivia Franzen, 2nd Grade Student at Buena Vista Elementary School. 3. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Hanson, Sullivan, Salvaggio Absent: None. 4. CLOSED SESSION ACTION Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Ghilarducci vs. City of Bakersfield, USDC Eastern District Court Case No. CV-F-03-6216 AWl TAG 5. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Art Carlock, Chairman, Highway 99 Cruise 'n' Show, proclaiming October 24-26, 2003, as "Second Annual Highway 99 Cruise 'n' Show Days". Presentation by Mayor Hall of Retirement Plaque to City Attorney Bart Thiltgen. Mayor Hall recognized classes from Ridgeview High School Bakersfield College. 6. PUBLIC STATEMENTS William Baerg, Esq., spoke of behalf of Turboflow Engineers regarding Consent Calendar item 8.x. and the staff recommendation to reject all bids Wastewater Plant #2 effluent storage project. ACTION TAKEN NAT 89 Bakersfield, California October 22, 2003 - Page 3 CONSENT CALENDAR Minutes: Approval of minutes of Special Council meeting of October 1, 2003 and Regular Council meeting of October 8, 2003. Payments: Approval of department payments from September 26, 2003 to October 9, 2003 in the amount of $6,513,506.83 and self insurance payments from September 26, 2003 to October 9, 2003 in the amount of $137,569.01. Ordinances: Ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-30) of the Municipal Code by changing the zoning from an R-S 10^ (Residential Suburban - 10 acre minimum lot size) zone to an E (Estate) zone on 9.93 acres located on the east side of Jewetta Avenue, approximately 660 feet north of Brimhall Road (File No. 03-0805). Ordinance amending Section 16.16.010 of the Municipal Code relating to deletion of an obsolete reference relating to tentative maps. Ordinance amending Sections 2.84.560 and 2.84.620 relating to Leaves of Absence for a period longer than 180 days. Ordinance amending Section 10.28.010 of the Municipal Code relating to one-way streets, designates East 21st Street from King Street to Beale Avenue as a one-way street, West to East. g. Public Employees' Retirement System (PERS): Ordinance authorizing amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City of Bakersfield making Section 21362.2 (3% @ 50 Full Formula) for local police members only applicable to the City. Amendment No. 4 to Contract No. 97-39 with the Board of Administration of the Public Employees' Retirement System for local police members only. ACTION TAKEN ORD 4152 ORD 4153 ORD 4154 ORD 4155 ORD 4156 AGR 97-39(4) Bakersfield, California October 22, 2003 - Page 4 CONSENT CALENDAR continued Resolutions: Resolution 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 secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. i. Animal Control Vehicles: Resolution determining that bidding for animal control vehicles cannot be reasonably obtained through the usual bidding procedures because of the urgent need to procure equipment for the preservation of health and authorizing the Finance Director to dispense with bidding therefore, not to exceed $102,000.00. Appropriate $102,000.00 from the Equipment Management Fund Balance to the Public Works Department Operating Budget. Amendment No. 1 to Resolution No. 181-85 granting certain City employees the authority to invest City of Bakersfield monies in the State of California Local Agency investment Fund (LAIF). Amendment No. 2 to Resolution No. 036-01 establishing Underground Utility District No. 2, Division 27 (Stockdale). Resolution of Intention No. 1293 to add territory, Area 1-35 (Jewetta, Meacham West) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1307 to add territory, Area 1-42 (Olive, Old Farm 4) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ACTION TAKEN RES f86-03 REMOVED FOR SEPARATE CONSIDERATION RES RES 036-01 ROI 1293 ROI f307 Bakersfield, California October 22, 2003 - Page 5 CONSENT CALENDAR continued Agreement to indemnify LAFCO for City Annexation No. 444, Proceeding 1360, uninhabited territory located north of Hosking Avenue, generally west of South Union Avenue. o. Agreement with Virginia Gennaro for City Attorney Services. Agreement with Clifford & Brown to provide legal services in the matter of Maxwell v. City of Bakersfield, Kern County Superior Court Case No. 248864 RJA, in an amount not to exceed $50,000.00. License Agreement with Kern County Water Agency to allow City pipeline crossing of Cross Valley Canal property. Agreement with Pacific Union Dental for Retiree Dental Benefits. Assignment of Lease No. 93-144(1) between the City of Bakersfield and John Hosack to Jerry Manda for Hangar A2. Amendment No. I to Agreement No. 03-014 with Coleman Homes, Inc. reducing their Transportation Impact Fee Credit to $110,132.00 and applying said credit to Tract 6082. Amendment No. 1 to Agreement No. 02-013 ($3,500.00 for a revised total contract amount of $353,500.00) with RRM Design Group for design of water feature for the Fire Station No. 15/Westside Police Substation Project. Bids: Accept bid to award annual contract for Home Accessibility Program Services for Muxlow Construction, not to exceed $55,000.00. ACTION TAKEN AGR 03-309 AGR 03-310 AGR 03-311 AGR 03-312 AGR 03-313 AGR 93-144(1) AGR 03-014(1) AGR 02-0t3(I) AGR 03-314 Bakersfield, California October 22, 2003 - Page 6 CONSENT CALENDAR continued w. Water Storage Tank and Booster Pump Facility: Accept bid from HPS Mechanical Inc. ($3,975,904.00) for construction of the 3 million gallon water storage tank and booster pump facility at CBK Station L-208 for the Water Resources Department. Amendment No. 1 to Cost Sharing Agreement No. 03- 202 with California Water Service for engineering design and construction of L-208 facilities. Appropriate California Water Service Company share of project ($508,300.00) to the Water Resources Capital Improvement Budget within the Domestic Water Fund. Reject all bids for Wastewater Treatment Plant No. 2, Effluent Storage Improvements. Accept bid from lowest responsible and responsive bidder for two additional refuse roll-off trucks for the Solid Waste Division. Miscellaneous: Community Development Block Grant (CDBG) Action Plan Amendment No. 1 (FY 03/04) and Amendment No. 7 (FY 02/03). Appropriate $370,825.00 prior year HOME Program Income to the Economic and Community Development Department Operating Budget. aa. Appropriate $89,000.00 Refuse Fund Balance to the operating budget to purchase blue carts for the curbside recycling program. bb. Purchase of real property located at 712 Kentucky Street for the Old Town-Kern Mixed Use Project: Appropriate $120,000.00 fund balance to the Old Town-Kern Capital Improvement Budget. ACTION TAKEN AGR 03-3f5 AGR 03-202(1) REMOVED FOR SEPARATE CONSIDERATION DEED 5972 Bakersfield, California October 22, 2003 - Page 7 CONSENT CALENDAR continued CC. Accept donation of medical equipment (approximately $2,600.00) from Liberty Ambulance. Motion by Councilmember Couch to approve Consent Calendar items 8.a. through 8.cc, with a correction to item 8.h., the deletion of 1323 Ralston Street from the exhibit, and removal of items 8.i. and 8.x for separate consideration. i. Animal Control Vehicles: Resolution determining that bidding for animal control vehicles cannot be reasonably obtained through the usual bidding procedures because of the urgent need to procure equipment for the preservation of health and authorizing the Finance Director to dispense with bidding therefore, not to exceed $102,000.00. Appropriate $102,000.00 from the Equipment Management Fund Balance to the Public Works Department Operating Budget. Motion by Councilmember Maggard to approve the item. Councilmember Hanson requested Council discuss the debt owed the City by the SPCA in Closed Session. Reject all bids for Wastewater Treatment Plant No. 2, Effluent Storage Improvements. Motion by Councilmember Carson to defer the item to a later date. Motion by Councilmember Couch to reject all bids. ACTION TAKEN APPROVED RES 187-03 APPROVED FAILED NS COUCH, BENHAM, HANSON, SAL VAGGIO APPROVED NS CARSON, MAGGARD ABS SULLIVAN '94 Bakersfield, California October 22, 2003 - Page 8 HEARINGS Reopen and continue public hearing to Council meeting of November 5, 2003 to receive testimony to determine whether the public interest and necessity require acquisition by eminent domain of approximately 22 acres of real property (portion of APN 436-054-02) located south of Alfred Harrell Highway and west of Fairfax Road for a buffer zone for the Old Bakersfield Sanitary Landfill. (Code of Civil Procedure Section 1245.230, et seq.) This item has been withdrawn due to a tentative agreement with the property owner. Supplemental Law Enforcement Services Funding (SLESF) in the amount of $397,434.00: Public Hearing to consider SLESF proposed expenditures per Government Code Section 30061 (Law Enforcement Services). Appropriate $307,434.00 to the SLESF Police Department Operating Budget and appropriate/transfer $90,000.00 to the Equipment Management Fund. Staff comments by Captain Brown. Hearing opened at 7:58 p.m. No one spoke. Hearing closed at 7:58 p.m. Motion by Councilmember Couch to adopt the item. ACTION TAKEN APPROVED Bakersfield, California October 22, 2003 - Page 9 HEARINGS continued c. Bureau of Justice Assistance (BJA) Local Law Enforcement Block (LLEBG) Grant Funds in the amount $134,276.00: 1. Public Hearing to consider proposed LLEBG expenditures. 2. Appropriate $134,276.00 LLEBG to the General fund Police Department Operating Budget. Staff comments by Captain Brown. Hearing opened at 7:59 p.m. No one spoke. Hearing closed at 7:59 p.m. Motion by Councilmember Couch to adopt the item. Recess taken from 8:00 to 8:07 p.m. d. Public Hearing to consider upholding the decision of the Planning Commission approving the Negative Declaration and Tentative Parcel Map 11010, located on the north side of Hageman Road, between Landco Drive and Knudsen Drive, and denying the appeal by Mclntosh and Associates. Public Works director made comments and stated for the record: · The City will accompany the appellant to Caltrans and present his request for a design exception to allow Landco to remain exactly as is. · Prior to the recordation of Phase II the Parcel Map will reflect the most recently adopted alignment of Landco Drive. ACTION TAKEN APPROVED RES 188-03 Assistant Director of Public Works LaRochelle made a presentation. Hearing opened at 8:23 p.m. Roger Mclntosh, Mclntosh and Associates, on behalf of Olive- Landco Associates and MIG LLC, provided handouts and spoke in opposition to the staff recommendation. Kyle Carter spoke in favor of the staff recommendation. Bakersfield, California October 22, 2003 - Page 10 HEARINGS continued item 8.d. continued Hearing closed at 8:41 p.m. Councilmember Couch stated for the record: The City will accompany the appellant to Caltrans and present his request for a design exception to allow Landco to remain exactly as is. Prior to the recordation of Phase II the Parcel Map will reflect the most recently adopted alignment of Landco Drive. Motion by Councilmember Couch to uphold the Planning Commission's decision approving the Negative Declaration and Parcel Map 11010, and denying the appeal with the additional requirement included. Specific Parks and Trails Plan for Northeast Bakersfield and amendment to the Bikeway Master Plan of the Circulation Element of the General Plan No. P03-0761. Resolution adopting the Specific Parks and Trails Plan for Northeast Bakersfield. Resolution adopting amendment to the Circulation Element of the Metropolitan Bakersfield General Plan - Bikeway Master Plan. Staff comments by Development Services Director Hardisty. Overview of Specific Parks and Trails Plan by Jim Movius, Principal Planner. Hearing opened at 9:07 p.m. Marci Cunningham, Rich O'Neil representing the Kern River Parkway Committee, Gordon Nipp and Harry Love on the behalf of the Sierra Club, John Fritchy member of the Bakersfield free flight community, Darrin Harshman, Aaron Chambers, Dave Dmohowski Project Design Consultants representing Patricia Bernal and the Noriega Family, and Dick Taylor with the California Off-Road Vehicle Association and the Kern Off-Road Vehicle Association, spoke in favor of the issue. ACTION TAKEN APPROVED RES 189-03 RES 190-03 No one spoke in opposition. 10. 11. 12. 13. Bakersfield, California October 22, 2003 - Page 11 HEARINGS continued item 8.e continued Hearing closed at 9:22 p.m. Councilmember Maggard thanked staff and community members for their support of the plan. Motion by Councilmember Maggard to adopt Resolution and the amended Parks and Trails Plan. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested the Legislation and Litigation Committee calendar the issue of 'kegger' parties; that Trudy Slater contact her regarding scheduling; staff to contact the most recent concerned citizen with the information as well as the original citizen who brought the issue to attention. Councilmember Hanson requested staff contact Father Jim LaFosse of Garces and Inform him of schedules, fee schedules and Director of Operations information for the Aquatics Center. Councilmember Hanson requested staff respond to Peter Mosesian regarding purported overcharges for a refuse bin. Councilmember Hanson requested staff report to Council regarding noise at Mesa Marin. Councilmember Salvaggio requested staff address the use of vacant property at the site of the old Grand Canal project, and the property adjacent to the south, being used for various recreational vehicles and the resultant dust diminishing the quality of life for the surrounding neighborhoods. ACTION TAKEN APPROVED 98 14. 14. Bakersfield, California October 22, 2003 - Page 12 MAYOR AND COUNCIL STATEMENTS continued Councilmember Sullivan requested appropriate staff meet with her and concerned citizens at the northeast corner of the intersection of Hosking and Leprechaun at 3:00 p.m. on Friday afternoon, to discuss the installation of the proposed traffic worm and the effect it will have on neighborhood access to the south. Councilmember Maggard requested information regarding the widening and installation of curbs on the bike path. Councilmember Maggard thanked City Attorney Thiltgen for his service to the City. Councilmember Carson requested staff address the condition of the road surface on Reel Rd. between California Ave. and Stockdale Hwy. Councilmember Couch requested staff trim trees from the walkway in the square loop along Ming Ave., Buena Vista Rd., Chambers and Grand Lakes. Councilmember Couch thanked City Attorney Thiltgen for his service to the City. Councilmember welcomed the new City Attorney, Ginny Gennaro. Mayor Hall expressed appreciation to Councilmembers for hospitality extended to the Sister City delegation from Wakayama last week. ADJOURNMENT Mayor Hall adjourned the meeting at 9:55 p.m. MAYOR-~, ACTION TAKEN ATTEST: CITY CLERK and Ex Officio ClerK/of the City of Bakersfield, California