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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