HomeMy WebLinkAbout01/14/04 CC MINUTES147
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JANUARY 14, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
ACTION TAKEN
REGULAR MEETING - 5:15 p.m.
1. ROLLCALL
Present;
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson (seated at 5:40 p.m.), Benham, Hanson,
Sullivan, Salvaggio
Absent: None
Motion by Vice-Mayor Couch to add item 3. kk., to the agenda, an
item that arose after the agenda was posted, and which requires
immediate action.
APPROVED
AB CARSON
2. PUBLIC STATEMENTS
None.
3. CONSENT CALENDAR
Minutes:
a. Approval of minutes of meeting of the December 10, 2003.
Payments:
Approval of department payments from November 22, 2003
to December 31,2003 in the amount of $21,507,713.58 and
self insurance payments from November 22, 2003 to
December 31,2003 in the amount of $470,901.75.
Ordinances:
First Reading of Ordinance adopting the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 123-20 to change the zoning from C-1 (Neighborhood
Commercial) to R-1 (One-Family Dwelling) on 5+ acres
located along the northwest comer of Progress Road and
Panama Lane.
FR
148
Bakersfield, California January 14, 2004 - Page 2
CONSENT CALENDAR continued
First Reading of Ordinance amending Section 10.69.030 of
the Municipal Code relating to Special Events Application -
Issuance Fee.
First Reading of Ordinance amending Municipal Code
Sections 1.12.040 and 1.12.070 by adding Annexation No.
441 to Ward 4 and Annexation No. 444 to Ward 7.
Adoption of Ordinance amending Municipal Code Sections
1.12.010 and 1.12.040 by adding Annexation No. 442 to Ward
1 and Annexation No. 439 to Ward 4.
Adoption of Ordinance amending Section 2.28.0990 of the
Municipal Code relating to Appointments to Board of Zoning
Adjustment.
Adoption of Ordinance adopting a Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map
Nos. 101-36, 122-01, and 123-06 to change the zoning from
R-1 (One Family Dwelling) to R-3 (Limited Multiple-Family
Dwelling) on 20-56 acres located at the northwest corner of
Stockdale Highway and Jewetta Avenue and R-3 (Limited
Multiple-Family Dwelling) to C-O (Professional and
Administrative Office) on 23.94 acres located at the southeast
corner of Stockdale Highway and Buena Vista Road (ZC 03-
0745).
Resolutions:
Resolution Ordering Change of Proceedings to authorize
additional improvement work in Assessment District No. 98-1
(Brimhall IV/Stockdale Highway Commercial/Gosford
Industrial).
ACTION TAKEN
FR
FR
ORD 4163
ORD 4164
REMOVED FOR
SEPARATE
CONSIDERATION
RES 001-04
149
Bakersfield, Califomia January 14, 2004 - Page 3
CONSENT CALENDAR continued
Maintenance and replacement of fire station apparatus
overhead doors.
Resolution determining that certain equipment can
only be reasonably obtained from one vendor, Robert
Moss, Jr. Architectural Specialties, and authorizing the
Finance Director to dispense with bidding not to
exceed $78,000.00.
Contract with Robert Moss, Jr. for maintenance and
replacement of fire station overhead doom not to
exceed $78,000.00.
Resolution authorizing the Finance Director to dispense with
usual bidding procedures and to purchase Harris Microwave
Equipment for various radio communications sites, not to
exceed $200,000.00.
Resolution determining that certain equipment, Mobile
Decontamination System, can only be reasonably obtained
from one vendor, Modec, Inc., and authorizing the Finance
Director to dispense with bidding not to exceed $78,000.00.
Resolution of Application proposing proceedings for
annexation of inhabited territory to the City property identified
as Annexation No. 455 located west of Allen Road, north of
Palm Avenue.
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City property
identified as Annexation No. 451 located along the northwest
side of Snow Road, east of the Friant-Kern Canal, generally
west of Calloway Ddve.
ACTION TAKEN
RES 002-04
AGR 04-001
RES 003-04
RES 004-04
RES 005-04
RES 006-04
150 ' '
Bakersfield, California January 14, 2004 - Page 4
CONSENT CALENDAR continued
Resolution approving the application for grant funds for the
2004 - 2005 Environmental Enhancement and Mitigation
Program for the following four projects:
East California Avenue Streetscape (Phase I) -
installation of median island landscape and hardscape
from Union Avenue to King Street.
New Stine Road Landscape Barrier - installation of
parkway landscaping from Sundale Avenue to
Demaret Avenue.
Rio Vista Park Water Recharge/Recreational Facility
Buffer - installation of parkway landscaping on east
side of Jewetta Avenue adjacent to park site.
Ming Avenue Median Enhancement - installation of
median island landscape and hardscape from New
Stine Road to SR 99.
Resolution adding territory, Area 5-11 (Oswell, Zephyr NW) to
the Consolidated Maintenance Distdct and confirming the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County
Tax Collector.
Resolution of Intention No. 1321 to add territory, Area 1-41
(Stockdale, Renfro NW) to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1322 to add territory, Area 2-26
(Stockdale, Real) to the Consolidated Maintenance District
and preliminarily adopting, confirming and approving Public
Works Director's Report.
ACTION TAKEN
RES 007-04
RES 008-04
ROI 1321
ROI 1322
Bakersfield, California January 14, 2004 - Page 5
CONSENT CALENDAR continued
Mohawk Planned Sewer Area (generally bounded by the
Calloway Canal on the north, Highway 99 on the east, the
Cross Valley Canal/Kern River on the south and the Friant
Kern Canal/Coffee Road on the west):
Resolution of Intention No. 1323 to establish the
Mohawk Planned Sewer Area and preliminarily
approving the boundaries of the area and the cost and
fee schedule.
First Reading of Ordinance amending Section
16.32.060 of the Municipal Code relating to Sewer
Facilities.
Agreements:
t. Citywalk Project Parking Agreements:
Agreement with D. W. Sivers for sale of real property
located north of 13t~ Street and east of "N" Street.
Joint Use Parking Agreement with D. W, Sivers for
shared parking of certain City owned parking lots and
commercial development parking lot,
Appropriate $50,000.00 U.S. Environmental Protection
Agency, Brownfield Revolving Loan Program Funds to the Old
Town Kern Operating Budget to address environmental
cleanup issues associated with a commercial building located
at 1924 Q Street (Assistance League of Bakersfield).
Amendment No. 2 to Agreement No, 02-338 with Assistance
League of Bakersfield.
ACTION TAKEN
ROI 1323
FR
AGR 04-002
DEED 6030
AGR 04-003
AGR 02-338(2)
Bakersfield, California January 14, 2004 - Page 6
CONSENT CALENDAR continued
w. Tract Maps and Improvement Agreements:
Final Map with McMillin San Trope, LLC for Tract 6019
Phase 2 located south of Olive Drive and west of
Riverlakes Drive.
Final Map with ADH Corporation for Tract 6140 Phase
2 located south of State Route 58 and east of Oswell
Street.
Final Map and Improvement Agreements with D. N. B.
Development Corp. for Tract 6006 Phase 2 located
east of Wible Road and north of McKee Road.
Final Map and Improvement Agreements with F S I
Developers, LLC for Tract 6066 Units 3 and 4 located
south of Berkshire Road and west of Akers Road.
Final Map and Improvement Agreements with Eagle
Meadows of Bakersfield, I, CA, LLC, for Tract 6187
located east of Buena Vista Road and north of
Pacheco Road.
Consultant Agreements with Mclntosh & Associates
($300,000.00) and Quad Knopf ($450,000.00) to provide on-
call construction inspection services for Capital Improvement
Program and Development projects.
Cooperative Agreement with the State of California,
Department of Transportation, for the widening of Rosedale
Highway between State Route 99 and Gibson Street.
ACTION TAKEN
AGR 04-004
AGR 04-005
AGR 04-006
AGR 04-007
REMOVED
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 04-0'10
Bakersfield, Califomia January 14, 2004 - Page 7
CONSENT CALENDAR continued
Memorandums of Understanding between the City, County of
Kern, Kern Council of Governments (KernCOG) and the State
of California-Department of Transportation (Caltrans) for the
Regional Transportation Model.
Kern Regional Modeling Coordination MOU reaffirms
the existence and roles of the Kern Regional
Transportation Modeling Committee (RMC) founded
in June 2001 by the Kern COG Board.
Kern Regional Traffic Count Program MOU to develop
and maintain inventory of traffic counters available for
use by agencies to monitor traffic flow in the region.
Kern Regional Transportation Model Distribution MOU
establishes a distribution policy for the Model.
aa.
Amendment No. 3 to Agreement No. 99-334 with Duane
Morris ($100,000.00, total contract amount not to exceed
$350,000.00) for legal services in the matter of North Kern
Water Storage District v. Kern Delta District, et al.
bb.
Bids:
Amendment No. 1 to Agreement No. PW02-203 ($50,000.00)
for additional consulting services and compensation to
Dresser Services, Inc., for asbestos surveys on various
projects.
CC.
Accept bid to award contract to Loop Electric ($71,232.25) for
traffic signal and lighting installation at Brimhall Road and Old
Farm Road.
dd.
Accept bid to award contract to Judge Netting, Inc.
($29,800.00) to construct Wood Waste Grinder Safety Cover.
ee.
Traffic Signal and Lighting Installation at Panama Lane and
Monitor Street:
Accept bid to award contract to Loop Electric
($99,345.50) for project.
ACTION TAKEN
AGR 04-011
AGR 04-012
AGR 04-013
AGR 99-334(3)
AGR 04-014
AGR 04-0~5
AGR 04-016
AGR 04-017
2. Appropriate $20,000.00 Transportation Development
Fund Balance to the Capital Improvement Budget.
Bakersfield, California January 14, 2004 - Page 8
CONSENT CALENDAR continued
ff. Referral of Audit Reports to Budget and Finance Committee:
Comprehensive Annual Financial Report (CAFR) for
fiscal year ended June 30, 2003.
Independent Auditors Report - Single Audit Report -
Schedule of Federal Expenditures for the City for
fiscal year ended June 30, 2003.
Independent Auditors Report - Compliance with
Contractual Requirements relative to the Bakersfield
Subregional Wastewater Management Plan for year
ended June 30, 2003.
Independent Auditors Report on Appropriations Limit
Worksheet (GANN Limit) of the City for the fiscal year
ended June 30, 2003.
gg.
Appropriate $12,250.00 Southeast Project Area Housing
Funds to the Capital Improvement Budget for the acquisition
of two southeast tax default properties located at 19 Milham
and 301 South Owens.
hh.
Appropriate $56,543.00 to the Redevelopment Operating
Fund Budgets (Southeast - $9,063.00; Old Town Kern -
$17,175.00; and Downtown $30,305.00) for State
Educational Revenue Augmentation Fund (ERAF) Allocation.
ii.
Appropriate $300,000.00 ($73,000.00 SEPA; $113,000.00
OTK Operating; $40,500.00 OTK Housing; and, $73,500.00
DTPA Housing) to the Redevelopment Operating and
Housing fund budgets for administrative costs associated with
Economic Development Activities for Fiscal Year 2003-04.
Community Development Block Grant (CDBG) Action Plan
Amendment No. 9 (FY 02/03) and Amendment No. 2 (FY
03/04).
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
155
Bakersfield, California January 14, 2004 - Page 9
CONSENT CALENDAR continued
kk.
Emergency road crossing repairs required at seven (7)
separate locations.
Resolution dispensing with bidding procedures due
to emergency repairs required at seven (7)
locations, six (6) along the Kern Island Canal and
one (1) along the Stine Canal, not to exceed
$1,500,000.00 (initial estimate only).
Appropriate $1,500,000.00 (initial estimate of costs)
Facility Replacement Reserve to the Capital Outlay
Fund's Capital Improvement Budget.
Motion by Vice Mayor Couch to adopt Consent Calendar items
3.a. through 3.jj. with the addition of 3.kk. and the deletion of
item 3. w. 5., and the removal of items 3.h., 3.x. and 3.gg. for
separate consideration.
Consultant Agreements with Mclntosh & Associates
($300,000.00) and Quad Knopf ($450,000.00) to provide on-
call construction inspection services for Capital Improvement
Program and Development projects.
Councilmember Hanson requested an analysis regarding growth
trends, percentage projections, and the economics of hiring
employees versus consultants to handle work generated by new
development.
Motion by Councilmember Hanson to approved the Agreements.
gg.
Appropriate $12,250.00 Southeast Project Area Housing
Funds to the Capital Improvement Budget for the acquisition
of two southeast tax default properties located at 19 Milham
and 301 South Owens.
Motion by Councilmember Maggard to approve the
appropriation.
Separate consideration for item 3.h. held at the 7:00 p.m.
portion of the meeting.
ACTION TAKEN
RES 009-04
APPROVED
AB CARSON
AGR 04-008
AGR 04-009
APPROVED
AB CARSON
APPROVED
AB CARSON
156
Bakersfield, California January 14, 2004 - Page 10
CONSENT CALENDAR HEARINGS
Headng related to appeal filed by Castle and Cooke
Development on Vesting Tentative Tract Map No. 6223 and
Zone Change 03-1073 located on the northeast corner of
White Lane and South Allen Road.
Consolidated hearing of appeals by Mclntosh and Associates,
on behalf of Mountain View Bravo LLC, of determination of
incompleteness for Vesting Tentative Tract Maps 6257, 6258,
6259, 6260, 6261, 6263, 6264, 6265, 6266 and 6267 (City in
the Hills) located between State Route 178 and Paladino
Drive west of Masterson and resolution upholding staff's
determination of incompleteness.
Hearings opened at 5:34 p.m.
Motion by Councilmember Maggard to continue Hearing items
4. a. and 4.b.
Councilmember Salvaggio requested staff investigate and report
back to Council with the approval of 3. ee. on Consent, why the
traffic signal at Panama and Monitor was not moved to the
intersection at Panama and Berkshire.
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation. Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9 regarding City v. SPCA, et al.
Conference with Legal Counsel - Anticipated Litigation.
Closed Session pursuant to subdivision (b)(1)(A) of
Government Code Section 54956.9. Two (2) potential cases.
City Clerk McCarthy announced she had been advised by City
Attorney Gennaro there would be one potential case
discussed under item b.
Motion by Vice-Mayor Couch to recess to Closed Session at 5:4t
p.m.
Motion by Benham to recess from Closed Session at 6:54 p.m.
ACTION TAKEN
APPROVED
AB CARSON
APPROVED
APPROVED
157
Bakersfield, California January 14, 2004 - Page 11
RECONVENED MEETING - 7:00 p.m.
6. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent: None.
7. INVOCATION by Pastor Terry Barnett, River Oaks Church.
PLEDGE OF ALLEGIANCE by Hailey Golich, 5~h Grade Student at
Stockdale Christian School.
9. CLOSED SESSION ACTION
ACTION TAKEN
NO
Conference with Legal Counsel - Existing Litigation. Closed REPORTABLE
Session pursuant to subdivision (a) of Government Code ACTION
Section 54956.9 regarding City v. SPCA, et al.
Conference with Legal Counsel - Anticipated Litigation.
Closed Session pursuant to subdivision (b)(1)(A) of
Government Code Section 54956.9. Two (2) potential cases.
City Clerk McCarthy announced she had been advised by City
Attorney Gennaro there would be one potential case
discussed under item b.
10. WORKSHOP
a. Budget Update.
City Manager Tandy gave a presentation and provided written
material.
Councilmember Maggard requested staff explore using grant
funds to bolster the number of police officers employed by the
City.
Councilmember Maggard requested staff coordinate and invite
an upper echelon representative from the League of California
Cities to attend a Council Meeting to provide an explanation why
an amendment to the State Constitution prohibiting
appropriation by the State of local funds has not been proposed.
Councilmember Maggard requested staff provide an analysis of
the feasibility of brown.outs and busing in order to provide pool
access to a broader base of citizens.
NO
REPORTABLE
ACTION
158
10.
11.
t2.
13.
Bakersfield, Califomia January 14, 2004 - Page 12
WORKSHOP continued
Item 10.a. continued
Councilmember Maggard requested staff bring back to Council
the issue of pool closures for further consideration.
Westside Parkway Update Report was continued to a later
date.
Recess taken from 9:11 to 9:22 p.m.
PUBLIC STATEMENTS
Cindy Russell, Renee Nelson, Espin Ferreira, Jody Hanson
and Barry Hanson spoke regarding agenda item 3.h.
b. Chuck Waide, CCAPE, spoke regarding budget issues.
CONSENT CALENDAR - Item continued from 5:15 p.m. portion of the
meeting.
Adoption of Ordinance adopting a Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map
Nos. 101-36, 122-01, and 123-06 to change the zoning from
R-1 (One Family Dwelling) to R-3 (Limited Multiple-Family
Dwelling) on 20-56 acres located at the northwest corner of
Stockdale Highway and Jewetta Avenue and R-3 (Limited
Multiple-Family Dwelling) to C-O (Professional and
Administrative Office) on 23.94 acres located at the southeast
corner of Stockdale Highway and Buena Vista Road (ZC 03-
0745).
Motion by Councilmember Couch to adopt the Ordinance.
HEARINGS
Public Hearing to consider Resolution modifying the decision
of the Planning Commission approving Vesting Tentative
Tract 6230, Negative Declaration and denying the appeal by
Gary & Judy Denny and Harry & Shirley Rowles (SmithTech
U.S.A - ApplicantJSubdivider).
Staff comments by Development Services Director Hardisty.
ACTION TAKEN
ORD 4165
APPROVED
RES 010-04
159
13.
14.
Bakersfield, California January 14, 2004 - Page 13
HEARINGS continued
Item 13.a. continued
Development Services Director Hardisty stated for the record
that a Memorandum was delivered to Council on January 14,
correcting the Administrative Report and condition number
three requiring the extension of Lamond and Narissa Courts full
width to the western boundaries of the tract; and the flrst phase,
Palm Ranch Road be paved full width to the edge of the future
lip of Palm Avenue.
Hearing opened at 10:08 p.m.
Bob Smith, Smith Tech USA, Project Engineer, spoke in
favor of the staff recommendation.
Hearing closed at 10:09 p.m.
Motion by Vice-Mayor Couch to approve the Resolution.
Public Hearing to consider Resolution modifying the decision
of the Planning Commission approving Tentative Tract 6036,
Negative Declaration and denying the appeal by Harry &
Shirley Rowles (SmithTech U.S.A - Applicant/Don Judkins -
Subdivider).
Staff comments by Development Services Director Hardisty.
Development Services Director Hardlsty stated for the record
that a Memorandum was delivered to Council on January 14,
correcting the Administrative Report and removing condition
number fourteen.
Hearing opened at 10:14 p.m.
Don Judkins and Bob Smith Tech USA, Project Engineer,
spoke in favor of the staff recommendation.
Motion by Vice-Mayor Couch to approve the Resolution.
REPORTS
Community Services Majority Report No. 1-04 and Minority
Report No. 2-04 regarding the naming of park located at
Stockdale Highway and Buena Vista Road,
Motion by Councilmember Benham to remove the name Rio
Vista from consideration and defer the issue to another date.
ACTION TAKEN
APPROVED
RES 011-04
APPROVED
APPROVED
160 ,
15.
Bakersfield, California January 14, 2004 - Page 14
COUNCIL AND MAYOR STATEMENTS
Councilmember Benham requested staff facilitate clean-up of a
vacant lot at the SW corner of Niles St. and Beale Ave. adjacent
to the Boys and Girls Club.
Councilmember Benham received a proposal from the Highway
99 Committee regarding the installation of a downtown speaker
system and requested staff explore obtaining grants to fund the
project.
Councilmember Benham provided a citizen letter to staff with
suggestions for animal services.
Councilmember Benham expressed appreciation to Street employees
Dan Petersen, David Momoa, Ernie Olivas, Chris Newman, John
Hamisch, Mike Cook, Joseph Enriquez, Ed Elliott, Mike Connor, Mark
Fick, Louis Peralez and Maria Peralez for working during the rain
storm on Christmas day.
Councilmember Maggard requested staff provide him an update
regarding the two new developments in the Rio Bravo area.
Councilmember Salvaggio requested Police provide increased
patrol in the 1400 block of Clipperhills Dr.
Councilmember Salvaggio requested staff patch the 2900 block
of Kingsley St. and schedule possible reconstruction next year.
Councilmember Salvaggio requested staff address a letter from
neighbors regarding code enforcement issues at an address on
Mallard Ct.
Councilmember Salvaggio thanked Lt. Taylor of the Police
Department for his handling of the off-read vehicle issue at S. H
Street between Berkshire and Hosking Roads.
Councilmember Salvaggio requested the Legislation and
Litigation Committee review the request he received from
Phantom Fireworks.
Councilmember Salvaggio thanked City employees for their continued
loyalty during this budget crisis.
Councilmember Hanson asked if televising Planning Commission
meetings had been cancelled. This was confirmed.
Councilmember Hanson had questions regarding the housing project
at P Street. City Manager Tandy responded.
ACTION TAKEN
161
15.
Bakersfield, California January 14, 2004 - Page 15
COUNCIL AND MAYOR STATEMENTS continued
Councilmember Carson requested at a future meeting the
Mayor recognize the two Sheriff's De]~utles who broke into a~
burning house on E. Madison. ,%
Councilmember Carson provided Martin L~Jther King, Jr. ~ay ** ~
celebration information.
Councilmember Sullivan requested the Legislation and
Litigation Committee address the issue of unlicenced street
vendors and the negative impact they have on legitimate
business.
Councilmember Sullivan commented on RV parking.
Councilmember Sullivan encouraged citizens to contact their State
Legislators regarding the impact of the budget cdsis.
Councilmember Sullivan wished everyone a Happy New Year.
Councilmember Maggard requested Economic and Community
Director Kunz and Development Services Director Hardisty
communicate with he and Councilmember Benham next week
regarding an issue on Jackson Street.
Vice-Mayor Couch welcomed Florn Core, Acting Water Resources
Manager.
Vice-Mayor Couch extended birthday wishes to City Attorney
Gennaro.
Vice-Mayor Couch requested abatement of graffiti on the cement
abutments at the new 32 acre park.
Vice-Mayor Couch requested clarification of speed limits and the
area affected in the school zone at Bakersfield Christian High
School and the feasibility of notifying surrounding
neighborhoods.
ACTION TAKEN
16.
Bakersfield, California January 14, 2004 - Page 16
ADJOURNMENT
ATTEST:
CITY CLERK and Ex Officio Clerk~f the
City of Bakersfield, California
ACTION TAKEN