HomeMy WebLinkAbout01/28/04 CC MINUTES163
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JANUARY 28, 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. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson (seated at 5:17 p.m.), Benham, Hanson,
Sullivan, Salvaggio
Absent: None
2. PUBLIC STATEMENTS
None.
3. CONSENT CALENDAR
Minutes:
a. Approval of minutes of meeting of the January 14, 2004.
Payments:
Approval of department payments from January 1, 2004 to
January 15, 2004 in the amount of $6,862,233.88 and self
insurance payments from January 1, 2004 to January 15,
2004 in the amount of $190,727.84.
Ordinances:
Adoption of Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map No.
123-2o to change the zoning from C-1 (Neighborhood
Commercial) to R-1 (One-Family Dwelling) on 5+ acres
located along the northwest corner of Progress Road and
Panama Lane.
ORD 4166
Adoption of Ordinance amending Section 10.69.030 of the
Municipal Code relating to Special Events Application -
Issuance Fee.
ORD 4167
164
Bakersfield, California January 28, 2004 - Page 2
CONSENT CALENDAR continued
Adoption of Ordinance amending Municipal Code Sections
1.12.040 and 1.12.070 by adding Annexation No. 441 to Ward
4 and Annexation No. ~?.~, to Ward 7.
Resolutions:
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City property
identified as Annexation No. 453, 454 and 456 located in four
separate areas, (1) north of Rosedale Highway, east and west
of Henry Lane, (2) south of the Arvin-Edison Canal, generally
east of Cottonwood Road, (3) west of Jewetta Avenue
generally north of Brimhall Road; and (4) south of Panama
Lane, east of Old River Road.
g. Mohawk Planned Sewer Area:
Resolution adopting the Mohawk Planned Sewer Area
and making findings thereto.
Adoption of Ordinance amending Section 16.32.060
of the Municipal Code relating to Sewer Facilities.
Resolution adding territory, Area 1-41 (Stockdale, Renfro
NW) to the Consolidated Maintenance District and confirming
the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern
County Tax Collector.
Resolution adding territory, Area 2-26 (Stockdale, Real) to the
Consolidated Maintenance District 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. 1324 to add territory, Area 1-44
(Allen, Snow SE) to the Consolidated Maintenance District
and preliminarily adopting, confirming and approving Public
Works Director's Report.
ACTION TAKEN
ORD 4168
RES 012-04
RES 013-04
RES 014-04
RES 015-04
ORD 4169
RES 016-04
RES 017-04
ROI 1324
165
Bakersfield, California January 28, 2004 - Page 3
CONSENT CALENDAR continued
Resolution adopting a Maintenance and Operation Plan for
the Allen Road Extension to 1.1 miles West (Kern River Levee
west of S. Allen Road).
Resolution approving annual renewal of Novell Software
Licenses, not to exceed $60,000.00 per year.
Resolution approving annual renewal of support and
maintenance services for Versaterm's Records Management
System (RMS) and Computer Aided Dispatch (CAD)
Software, not to exceed $200,000.00 per year.
Resolution determining the purchase of fixed two way radio
equipment (Police Department) cannot be obtained through
usual bidding procedures and authorizing the Finance
Director to dispense with bidding therefore, not to exceed
$60,000.00.
o. Local Government Air Quality Measures
Resolution to implement Local Government
Transportation Control Measures in the Extreme Area
Ozone Plan for the San Joaquin Valley
Agreements:
p. Tract Map and Improvement Agreements:
Final Map and Improvement Agreement with Almond
Tree Village for Tract 6164 Phase 3 located south of
Berkshire Road and west of Monitor Street.
Final Map and Improvement Agreements with GMAC
Model Home Finance and Lennar Bakersfield, Inc. for
Tract 6077 Unit 13 located west of Verdugo Lane and
south of Olive Drive.
Final Map and Improvement Agreements with Eagle
Meadows of Bakersfield I, CA., LLC and Truxtun
Plumbing and Mechanical, Inc. for Tract 6187 located
east of Buena Vista Road and north of Pacheco Road.
ACTION TAKEN
RES 018-04
RES 019-00
RES 020-04
AGR 02-099(1)
RES 021-00
RES 022-04
AGR 04-0t8
AGR 04-0t9
AGR 00-020
AGR 00-021
Bakersfield, Califomia January 28, 2004 - Page 4
CONSENT CALENDAR continued
q. Contracts for legal services:
Agreement with Clifford & Brown ($175,000.00) for
legal services.
Agreement with Marderosian, Runyon, et al
($150,000.00) for legal services.
Amendment No. 1 to Agreement No. 01-011 with Ingram's
Janitorial, Inc. revising the terms of the termination clause.
Amendment No. 1 to Right of Way Contract No. 03-254 with
Caltrans for the intersection of State Highway 178 and Mount
Vernon.
Amendment No. 1 to Agreement No. 03-182 to reduce fees
charged by Krazan & Associates for geotechnical and
materials testing services for various Capital Improvement
Projects for a net reduction of $9,153.75.
Amendment No. 3 to Agreement No. 01-087/RA 013 with
Capital Vision Equities Development, Inc. to correct technical
language in the agreement to include the federal prevailing
wage designation.
Maintenance and UseAgreement, Quitclaim Deed, and Grant
of Easement for Camino Grande Street Vacation at the Bear
Mountain Cogeneration Facility.
Miscellaneous:
Historic Preservation Commission 2002/2003 Fiscal Year
Annual Report.
Community Development Block Grant (CDBG) Action Plan
Amendment No. 3 (FY 03/04) for Wayside Park - Wet Play
Area Project.
Appropriate $35,000.00 current year CDBG Program
Income to the Capital Improvement Budget.
Motion by Vice-Mayor Couch to approve Consent Calendar items
3.a. through 3.x. with the removal of 3.r., 3.s., 3. t., and 3.x. for
separate consideration.
ACTION TAKEN
AGR 04-022
AGR 04-023
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 01-087(3)
AGR 04-024
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
167
Bakersfield, California January 28, 2004 - Page 5
CONSENT CALENDAR continued
r. Amendment No. I to Agreement No. 01-011 with Ingram's
Janitorial, Inc. revising the terms of the termination clause.
Councilmember Maggard requested staff analyze cost
effectiveness of cancelling private contracts and utilizing City
personnel to perform work thus saving jobs.
Motion by Councilmember Maggard to adopt the Amendment.
s. Amendment No. 1 to Right of Way Contract No. 03-254 with
Caltrans for the intersection of State Highway 178 and Mount
Vernon.
Motion by Councilmember Maggard to adopt the Amendment.
t. Amendment No. I to Agreement No. 03-182 to reduce fees
charged by Krazan & Associates for geotechnical and
materials testing services for various Capital Improvement
Projects for a net reduction of $9,153.75.
Vice-Mayor Couch noted the contractor, unsolicited, has offered
to reduce their fees to the City by 5% due to current fiscal issues
and requested staff send Krazan & Associates thanking and
acknowledging the gesture.
Motion by Vice. Mayor Couch to approve the Amendment.
x. Community Development Block Grant (CDBG) Action Plan
Amendment No. 3 (FY 03/04) for Wayside Park - Wet Play
Area Project.
1. Appropriate $35,000.00 current year CDBG Program
Income to the Capital Improvement Budget.
Motion by Councilmember Carson to approve the item.
CONSENT CALENDAR HEARINGS - Items heard at 7:00 p.m. portion
of meeting.
None.
ACTION TAKEN
AGR 01-011(1)
APPROVED
AGR 03-254(1)
APPROVED
AGR 03-182(I)
APPROVED
APPROVED
]68
Bakersfield, California January 28, 2004 - Page 6
WORKSHOP
a. Westside Parkway Update.
Staff comments by Public Works Director Rojas and
presentation by Civil Engineer Ted Wright, with written
material provided
b. Pool Closures
Motion by Councilmember Benham to move item Workshop
5, b. to the 7:00 p.m. portion of the meeting after Public
Statements.
6, CLOSED SESSION
Conference with Legal Counsel - Potential Litigation.
Initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9. One (1) potential
case.
Conference with Legal Counsel - Anticipated Litigation.
Significant exposure to litigation pursuant to subdivision
(b)(1)(A) of Government Code Section 54956.9. One (1)
potential case.
Motion by Vice-Mayor Couch to recess to Closed Session at
5:56 p.m.
Motion by Benham to recess from Closed Session at 7:10 p.m.
RECONVENED MEETING - 7:15 p.m.
7. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent: None.
8. INVOCATION by Pastor David Wells, Higher Ground Church.
PLEDGE OF ALLEGIANCE by Justin Lopez, 6th Grade Student at
Eissler Elementary School.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
169
10,
12.
13.
Bakersfield, California January 28, 2004 - Page 7
CLOSED SESSION ACTION
Conference with Legal Counsel - Potential Litigation. Initiation
of litigation pursuant to subdivision (c) of Government Code
Section 54956.9. One (1) potential case.
City council, by a vote of 7-0, directed the City Attorney to take
the necessary steps for the City of Bakersfield to be a co-
plaintiff, with a financial commitment not to exceed $16,000, in
a lawsuit filed by several California cities against the State of
California to invalidate the preemption of local sales tax as part
of the "triple flip".
Conference with Legal Counsel - Anticipated Litigation.
Significant exposure to litigation pursuant to subdivision
(b)(1)(A) of Government Code Section 54956.9. One (1)
potential case.
PUBLIC STATEMENTS
Paul Holling spoke regarding progress of the Padre Hotel
renovation.
Councilmember Benham requested staff maintain
communication with Mr. Holling regarding parking needs for
the hotel area.
Scott Fieber, Chairperson of the Historic Preservation
Commission, gave the Commission's Annual Report.
c. Stuart Gentry spoke regarding the City Budget.
Terrail Lott and Julius Howard Rodgers spoke regarding
City parks.
Bernita Jenkins, Chairperson, Kern County Human
Relations Committee, provided information regarding the
'Hate Free Zone Campaign Kickoff' and invited the
community and Councilmembers to attend.
WORKSHOP
b. Pool Closures.
Staff presentation by Interim Director of Recreation and
Parks Christensen.
ACTION TAKEN
APPROVED
NO
REPORTABLE
A C TION
170
11,
13.
14.
Bakersfield, California January 28, 2004 - Page 8
WORKSHOP continued
Councilmember Carson requested staff research ways to use
CDGB funds to provide recreational services to areas losing
pools and, provide transportation to pools that remain open.
Councilmember Carson requested staff research ways to use
CDGB funds to provide fire services.
Vice-Mayor Couch requested staff investigate ways to use CDGB
funds to provide fire services.
Motion by Vice-Mayor Couch, for the record, to adopt staff's
recommendation, that Wayside, Planz, Jastro, Slemon and Beale
pools not be opened for the 2004 season due to budget captures
and financial threats from the state.
CONSENT CALENDAR - for items not heard at 5:15 p.m. portion of
meeting.
HEARINGS
Continued Public Hearing to consider appeal filed by Castle
and Cooke of Planning Commission's approval of Vesting
Tentative Tract Map No. 6223 located at the northeast
corner of White Lane and South Allen Road (Engineer-
Mclntosh & Associates/Subdivider - Castle & Cooke
Development).
Resolution modifying the Planning Commission's
conditions of approval, adopting the Negative
Declaration, approving Vesting Tentative Tract Map
No. 6223 located on the northeast corner of White
Lane and South Allen Road, and denying the
appeal.
First Reading of Ordinance modifying the Planning
Commission's conditions of approval, adopting the
Negative Declaration and amending Section
17.06.020 of the Municipal Code (Zone Map No.
112-12) by changing the zoning from an R-1 (One
Family Dwelling) Zone to PUD (Planned Unit
Development) Zone on 107.38 +_ acres generally
located on the northeast corner of White Lane and
South Allen Road, and denying the appeal.
(GPA/ZC 03-1073)
ACTION TAKEN
APPROVED
RES 023-04
FR
]?2
t4.
Bakersfield, California January 28, 2004 - Page 9
HEARINGS continued
Item 14.a. continued
Staff comments by Development Services Director
Hardisty.
Hearing re-opened at 8:28 p.m.
No one spoke in opposition to the staff recommendation.
Bruce Freeman, Castle & Cooke, spoke in support of the
staff recommendation.
Hearing closed at 8:29
Motion by Councilmember Hanson to adopt the Resolution
and deny the appeal.
Public Hearing to consider appeal by Sierra Club of
Planning Commission's approval of Revised Vesting
Tentative Tract 6169 generally located north of Panama
Lane, south of Harris Road (extended), east of Old River
Road (Engineer-Porter Robertson/Subdivider-McMillan
Albany, LLC).
Resolution denying the appeal from the Sierra Club,
upholding the decision of the Planning Commission,
approving Revised Vesting Tentative Tract Map
6169 generally located north of Panama Lane,
south of Hards Road (extended), east of Old River
Road.
Correspondence was received from Clifford Ronk on behalf
of Kyle Carter Homes requesting that this hearing be
continued to February 25, 2004.
Staff comments by Development Services Director
Hardisty.
Hearing opened at 8:35
Motion by Councilmember Hanson to continue the
hearing to the Council meeting of February 25, 2004.
ACTION TAKEN
APPROVED
APPROVED
t4.
14.
Bakersfield, California January 28, 2004 - Page 10
HEARINGS continued
Public Hearing to consider appeal by Sierra Club of
Planning Commission's approval of Vesting Tentative Tract
6193 located at the southeast corner of State Route 184
(Kern Canyon Road) and Mesa Madn Drive (Engineer-
Porter Robertson/Subdivider-Allen L. Newsome).
Resolution denying the appeal from the Sierra Club,
upholding the decision of the Planning Commission,
adopting the Negative Declaration and approving
Vesting Tentative Tract Map 6193 located at the
southeast corner of State Route 184 (Kern Canyon
Road) and Mesa Matin Drive.
Staff comments by Development Services Director
Hardisty.
Hearing opened at 8:38 p.m.
Gordon Nipp provided written material and spoke in
opposition to the staff recommendation.
Randy Bergquist, Porter Robertson Engineering, spoke in
favor of the staff recommendation.
Hearing closed at 8:51 p.m.
Motion by Councilmember Maggard to approve the Resolution
denying the appeal and uphold the Planning Commission's
decision.
COUNCIL AND MAYOR STATEMENTS
Councilmember Benham requested staff provide clean up in the
alley behind the Boys and Girls Club at 801 Niles Street.
Councilmember Salvaggio requested staff investigate and
respond regarding the offer of the owner of the mini-storage
units north of White Lane, on the east side of the freeway at the
Hwy. 99 interchange, to replace the eucalyptus trees bordering
his business which he claims are infected; staff to communicate
with CaI-Trans on the issue due to the trees being in their right-
of-way, in particular Mike Sheffield regarding new plantings;
staff to assure the business owner's sign is not blocked by
trees.
ACTION TAKEN
RES 024-04
APPROVED
15.
Bakersfield, California January 28, 2004 - Page 11
COUNCIL AND MAYOR STATEMENTS continued
Councilmember Salvaggio provided information and
requested the Legislative and Litigation Committee address
tho issue of seizing cars of individuals who illegally dump
trash.
Councilmember Salvaggio requested staff check the 5600 block
of Krista Court for junk vehicles on the street and in driveways
violating time limits.
Councilmember Salvaggio requested police ensure off-road
vehicle operators trespassing on the vacant area at South H
Street and Berkshire/Hosking Roads on weekends be ticketed.
Councilmember Salvaggio requested an update regarding the
sewer issue with Mr. Quirete.
Councilmember Salvaggio requested staff investigate the
feasibility of installing a flashing red beacon at the intersection
of Berkshire Road and Monitor Street.
Councilmember Salvaggio requested staff address the problem
of speeding on Mallard Court.
Councilmember Maggard invited the public to present Council with
ideas for money saving measures.
Councilmember Maggard requested staff investigate feasibility
of a program encouraging sponsorship by businesses or
neighborhoods to adopt public streets for maintenance; in
exchange the City would acknowledge participation through
signage.
Councilmember Maggard requested staff reduce volumes of
paperwork by converting, where appropriate, to digital cad files.
Councilmember Maggard requested an update on acquiring
grant funds to provide additional police officers and scheduling
an academy.
Councilmember Maggard requested staff research the feasibility
of using CDBG funds to fund personnel in appropriate
departments of the City.
Councilmember Maggard requested staff provide information
regarding the possible use of CDBG funds to transport team
users of the Siemon Park pool to other locations and how
scheduling would be facilitated.
ACTION TAKEN
15.
Bakersfield, California January 28, 2004 - Page 12
COUNCIL AND MAYOR STATEMENTS continued
Councilmember Maggard requested staff review the Workers
Compensation Reform Package being assembled by Grimmway
Farms for possible implementation.
Councilmember Hanson requested staff provide an update on
repairs at the SW corner of Ming and Ashe.
Councilmember Carson requested an update regarding the
installation of a flashing red light at McKinley School and 4~
Street.
Councilmember Carson requested information regarding caps
on the use of CDBG funds for public services.
Councilmember Carson assured citizens in the Wayside
neighborhood that a water play area is scheduled for the park as well
as recreation programs.
Councilmember Sullivan requested staff repair pot holes on
Wible between Panama and Harris.
Councilmember Sullivan thanked Code Enforcement for their
assistance.
Vice-Mayor Couch requested staff investigate a citizen's
concern of a dangerous intersection and provided information
to staff.
Vice-Mayor Couch requested staff provide information regarding
the legality of parking a van advertising an adult business in a
residential neighborhood.
Vice-Mayor Couch invited the community to attend a fund raiser for
the Boys and Girls Club at the home of Fire Chief Ron Fraze.
Councilmember Carson requested information on the use of
reserve funds, which have been set aside, for the Facilities
Replacement and Equipment Fund.
ACTION TAKEN
t6.
Bakersfield, California January 28, 2004 - Page 13
ADJOURNMENT
Mayor Hall adjourned the meetin)l at 9.~0 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Cl~k of the
City of Bakersfield, California
ACTION TAKEN
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