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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 THIS PAGE INTENTIONALLY LEFT BLANK