HomeMy WebLinkAbout05/26/04 CC MINUTESMINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
MAY 26, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard (seated at 5:18 p.m.),
Hanson, Sullivan, Salvaggio
Absent: None
2. WORKSHOP
a. Budget Presentations.
1. City Attorney
City Attorney Gennaro made a computer presentation and
provided handouts.
Councilmember Hanson requested information regarding
savings through contracting with outside counsel. City
Attorney Gennaro responded.
Counciimember Benham complimented City Attorney
Gennaro on the Attorney's Office presentation.
Vice-Mayor Couch expressed appreciation to City Attorney
Gennaro for the budget presentation and requested
information regarding outside counsel contracts. City
Attorney Gennaro responded.
Vice-Mayor Couch congratulated staff on the recent decision
and looks forward to a positive conclusion to the power plant
issue.
Councilmember Sullivan complimented CityAttomey Gennaro
on the Attorney's Office presentation.
Councilmember Salvaggio made comments regarding staff's
handling of the WaIMart lawsuit.
ACTION TAKEN
2o
Bakersfield, California May 26, 2004 - Page 2
WORKSHOP continued
2. Finance Department and Revenue Overview
Finance Director Klimko introduced Assistant Finance Director
Nelson Smith, who made a computer presentation and
presented handouts.
Vice-Mayor Couch made comments regarding GASB
compliance.
Councilmember Hanson made comments regarding salary
increases.
Councilmember Sullivan made comments regarding the
GASB issue.
Finance Director Klimko gave a revenue overview.
Councilmember Sullivan made comments regarding the
presentation. Finance Director Klimko responded.
Vice-Mayor Couch made comments regarding the Movies in
the Parks program.
PUBLIC STATEMENTS
a. Daniel Schaar spoke regarding stolen property.
Councilmember Benham requested Mr. Schaar meet with
Assistant Chief Rector regarding police response time.
b. Trudy Unger spoke regarding code enforcement.
Vice-Mayor Couch requested the City Attorney contact Ms.
Unger.
CONSENT CALENDAR
a. Approval of minutes of the meeting of May 12, 2004.
ACTION TAKEN
Bakersfield, California May 26, 2004 - Page 3
CONSENT CALENDAR continued
Payment:
Approval of department payments from Apd130, 2004 to May
13, 2004 in the amount of $6,157,704.18 and self insurance
payments from April 30, 2004 to May 13, 2004 in the amount
of $103,090.42.
Ordinances:
First Reading of Ordinance amending Section 17.06.020
(Zone Map No. 102-23) fo Title 17 of the Municipal Code by
changing the zoning from a Planned Commercial
Development (PCD) zone to a Revised Planned Commercial
Development (PCD) zone to allow a Recreational Vehicle
Park with 227 spaces and related uses on 16.32 acres
located on the southwest corner of Pacheco and Wible
Roads. (ZC 04-0220)
First Reading of Ordinance amending Section 12.44.031 of
the Municipal Code relating to special permits for downtown
promotions.
Adoption of Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map No.
124-07 to change the zoning distdct from A-20A (Agriculture-
20 Acre Minimum) to R-1 (One-Family Dwelling) on 60 +/-
acres located along the north side of Panama Lane
approximately one-fourth mile west of Buena Vista Road. (ZC
03-1473)
Adoption of Ordinance adopting the Negative Declaration and
approving the proposed amendment to Title 17 of the
Municipal Code and Zoning Map No. 123-26 to change the
zoning from R-2 (Limited Multiple-Family Dwelling) to PCD
(Planned Commercial Development) on 15 acres located 570
feet south of Panama Lane, adjacent on the west side of
Wible Road and upholding the appeal of the applicant, as
revised. (ZC 03-1537)
ACTION TAKEN
REMOVEDFOR
SEPARATE
CONS~ERA~ON
FR
ORD 4187
ORD 4188
4
Bakersfield, California May 26, 2004 - Page 4
CONSENT CALENDAR continued
Adoption of Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map No.
123-26 from R-1 (One Family Dwelling) to R-l/CH (One
Family Dwelling-Chumh) on 7.28 + acres, located south of
Panama Lane, east of Stine Road, north of the Arvin-Edison
Canal (Ridgeview Family Worship Center). (ZC 03-1540)
Adoption of Ordinance adopting the Negative Declaration and
approving the proposed amendment to Title 17 of the
Municipal Code and Zoning Map No. 103-13 to change the
zoning from R-l(One Family Dwelling) to R-2-CH (Limited
Multiple-Family Dwelling-Church) on 29.56 acres located
adjacent on the south side of Paladino Drive, approximately
a quarter mile west of Morning Drive and upholding the
appeal of the Development Services Director. (ZC 03-1545)
Adoption of Ordinance adopting the Negative Declaration and
amending Section 17.06.020 (Zone Map No. 102-30) of Title
17 of the Municipal Code by changing the zoning from an R-2
(Limited Multiple Family Dwelling) zone to a PUD (Planned
Unit Development) zone on 9.97 acres to allow development
of 68 multiple family units (17 four-plex buildings) and a
private recreational area located on the north side of Brimhall
Road, 1,000 feet east of Jewetta Avenue. (Engineer:
Mclntosh & Associates/Developer: Lakshmana Arasu) (ZC
04-0158)
Resolutions:
Resolution ordering Change of Proceeding and authorizing
additional improvement work for Assessment District No. 98-1
(Brimhall IV/Stockdale Highway Commercial/Gosford
Industrial).
ACTION TAKEN
ORD 4189
ORD 4190
ORD 4191
RES 188-04
Bakersfield, California May 26, 2004 - Page 5
CONSENT CALENDAR continued
Assessment District No. 04-1 (Countryside/The
Homestead/Cherry Hill/Olive Park III):
Resolution accepting petition and determining to
undertake special assessment proceedings.
Resolution of Intention No. 1336.
3. Resolution approving boundary map.
Agreement with Wilson & Associates for assessment
engineering services.
Agreement with Ordck, Herdngton & Sutcliffe, Bond
Counsel, for legal services.
Agreement with Pillsbury Winthrop, LLP, Disclosure
Counsel, for legal services.
Resolution of Intention No. 1337 ordering the vacation of the
south 126 feet of the the 30 foot wide alley between Oak
Street and Olive Street extending from Palm Street to
Dracena Street.
Bakersfield Police Activities League "Pass Through" Grant:
Resolution authorizing the City to act as the unit of
local government to "pass-through" funding, not to
exceed $172,000.00, to the Bakersfield Police
Activities League in compliance with Title V Grant
funding.
Appropriate $172,000.00 in Title V Grant funding to
the Police Department General Fund Operating
Budget for "pass through' to the Bakersfield Police
Activities League.
Resolutions of Application proposing proceedings for
annexation of uninhabited territory to the City property
identified as Annexation No. 463 located on the south side of
McKee Road, between Wible Road and State Highway 99,
and, Annexation No. 464 located south of McCutchen Road
generally east of Ashe Road.
ACTION TAKEN
RES 189-04
ROI 1336
RES 190-04
AGR 04-120
AGR 04-~21
AGR 04-122
ROI 1337
RES 191-04
RES 192-04
RES ~93-04
28 ~'
Bakersfield, California May 26, 2004 - Page 6
CONSENT CALENDAR continued
Changes to Salary Schedule, New Job Specification and
Position Reclassification:
Amendment No. 12 to Resolution No. 122-01
approving Memorandum of Understanding for
employees of the General Supervisory, Police
Supervisory and Management Units and adopting
salary schedule and related benefits for Utilities
Manager.
2. New Job Specification for Utilities Manager
Reclassification of Wastewater Manager position to
Utilities Manager position.
Amendment no. 10 to Resolution No. 44-93 setting
salaries and related benefits for the Temporary Unit
(Service Maintenance Worker-Temp)
Resolution approving a grant application by the Police
Department for receipt of the State of California Off Highway
Motor Vehicle Recreation Trust Funds for off-highway vehicle
enforcement funding and equipment purchase.
q. Sale of Real Property:
Resolution declaring real property located north of
8400 Stockdale Highway surplus to the needs of the
City.
Agreement with Bakersfield University Partners, a
California limited partnership to purchase property
located north of 8400 Stockdale Highway for
$200,000.00.
Amendment No. 1 to Resolution No. 198-03 changing the July
and August meeting dates of Regular City Council Meetings
for 2004.
ACTION TAKEN
RES 122-01(12)
RES 44-93('10)
RES 194-04
REMOVED FOR
SEPARATE
CONSIDERATION
RES 198-03(1)
Bakersfield, California May 26, 2004 - Page 7
CONSENT CALENDAR continued
Agreements:
s. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with GMAC
Model Home Finance and Lennar Bakersfield, Inc.,
Tract 6077 Unit 11 located north Pacheco Road and
east Mountain Vista Drive.
Final Map for Tract 6140 Phase 8 and Improvement
Agreements with ADH Corporation for Tract 6140
Phases 7 & 8 located south of State Route 58 and
east of Oswell Street.
Final Map and Improvement Agreements with
Bakersfield Land Development for Tract 6061 located
north of Reina Road and east of Allen Road.
Final Map and Improvement Agreement with Granite
Pointe, LLC, for Tract 6095 Phase 3 located south of
Berkshire Road and east of Wible Road.
Pipeline License Agreement with Burlington Northern and
Santa Fe Railway Company ($3,500.00) to allow the City to
construct the Allen Road Sewer Project where it crosses the
railroad tracks near Allen Road and Hageman Road.
Agreement with Berkshire Properties, Inc. to purchase real
property at the southeast corner of 24th and Oak Streets for
$2,220,000.00 for a future interchange realignment and
drainage.
Agreement with Greenfield County Water District for street cut
repairs.
w. Goland and Roy v. Wright, City, et al case:
Agreement with Michael G. Marderosian,
Marderosian, Runyon, Cercone, Lehman & Armo to
provide outside legal services (not to exceed
$5O,OOO.0O)
Agreement with Larry F. Peake, Wall, Wall & Peake,
to provide outside legal services for Landon Wright
(not to exceed $50,000.00)
ACTION TAKEN
AGR 04-124
AGR 04-125
AGR 04-126
AGR 04-127
AGR 04-128
AGR 04-129
AGR 04-f30
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 04-132
AGR 04-133
AGR 04-134
8
Bakersfield, California May 26, 2004 - Page 8
CONSENT CALENDAR continued
Amendment No. 2 to Traffic Impact Fee Agreement No. 02-
354 with Stuart Thomas, Inc., dba Lennox Homes, increasing
impact fee credit by $431,367.00 for a total credit of
$1,000,000.00 and including additional tract eligible to receive
credit.
Amendment No. 2 to Agreement No. 02-258 increasing
compensation by $800,000.00 (for a revised not to exceed
compensation of $3,800,000.00) with Granite Construction
Company for street materials in the Streets Division.
Amendment No. 2 to Agreement No. 01-1§6 with Delta Micro
Imaging for Development Services Department document file
conversion to Laser Fiche or Micro Fiche formats.
aa.
Amendment No. I to Agreement No. 03-260, Transportation
Impact Fee Agreement with Castle & Cooke California, inc.,
for tracts located on Buena Vista Road and Allen Road
increasing Impact Fee Credit by $231,319.00 for a total credit
of $559,405.00.
Bids:
bb.
Accept bid from Three Way Chevrolet ($34,490.97) for one
replacement utility vehicle for the Fire Department.
CC.
Accept bid to award annual contract to Jim Alfter Cement
Contractor, not to exceed the budgeted amount of
$800,000.00 for concrete work within the City.
dd.
Accept bid to award annual contract to Kern Tur-[ Supply, Inc.,
not to exceed budgeted amount of $65,000.00 for irrigation
parts and supplies for Parks Department.
ee. ThinkCentre PC's and Monitors (375):
Accept bid from Insight Public Sector ($201,040,00)
for 150 replacement computers and monitors.
Authorize purchase of 225 replacement computers
and monitors ($301,560.75) from Insight Public Sector
if funds are approved in FY 2004-2005 Budget.
ACTION TAKEN
AGR 02-354(2)
AGR 02-258(2)
REMOVED FOR
SEPARATE
CONSIDERA~ON
AGR 03-260(0
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 04-t36
Bakersfield, California May 26, 2004 - Page 9
CONSENT CALENDAR continued
Miscellaneous:
ff. Assistance League of Bakersfield:
Appropriate $1,050.00 US Environmental Protection
Agency, Brownfield Revolving Loan Program Funds to
the Old Town Kern Operating Budget to address
environmental cleanup issues associated with a
commemial building located at 1924 Q Street.
Appropriate $10,000.00 Old Town Kern Project Area
Operating Fund Balance to the Economic and
Community Development Operating Budget for
escrow closing costs and final environmental testing
for 1924 Q Street.
gg.
Appropriate $170,000.00 Sewer Enterprise Fund balance to
the Public Works Department's operating budget for
unanticipated operational expenses.
hh.
Appropriate $176,500.00 from Office of Emergency Services
Revenue to the General Fund Fire Department Operating
Budget to reimburse expenditures.
ii.
Authorization for City Manager to submit a Community Voice
Opinion regarding Governor Schwarzenegger's budget
proposal.
Motion by Vice Mayor Couch to adopt Consent Calendar items
4. a. through 4.ii., with the removal of items 4.c., 4. q., 4. u., 4.z.,
4. cc., 4. ff. and 4.ii for separate consideration.
First Reading of Ordinance amending Section 17.06.020
(Zone Map No. 102-23) fo Title 17 of the Municipal Code by
changing the zoning from a Planned Commercial
Development (PCD) zone to a Revised Planned Commercial
Development (PCD) zone to allow a Recreational Vehicle
Park with 227 spaces and related uses on 16.32 acres
located on the southwest corner of Pacheco and Wible
Roads. (ZC 04-0220)
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
FR
,I 90
Bakersfield, California May 26, 2004 - Page 10
CONSENT CALENDAR continued
q. Sale of Real Property:
Resolution declaring real property located north of
8400 Stockdale Highway surplus to the needs of the
City.
Agreement with Bakersfield University Partners, a
California limited partnership to purchase property
located north of 8400 Stockdale Highway for
$200,000.00.
Motion by Vice-Mayor Couch to adopt the Resolution and
approve the Agreement.
Agreement with Berkshire Properties, Inc. to purchase real
property at the southeast corner of 24th and Oak Streets for
$2,220,000.00 for a future interchange realignment and
drainage.
Motion by Councilmember Benham to approve the Agreement.
Amendment No. 2 to Agreement No. 01-166 with Delta Micro
Imaging for Development Services Department document file
conversion to Laser Fiche or Micro Fiche formats,
Motion by Councilmember Hanson to approve the Amendment.
cc.
Accept bid to award annual contract to Jim Alfter Cement
Contractor, not to exceed the budgeted amount of
$800,000.00 for concrete work within the City.
Motion by Councilmember Hanson to award the Contract.
ff. Assistance League of Bakersfield:
Appropriate $1,050.00 US 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.
ACTION TAKEN
RES '195-04
AGR 04-123
DEED 6084
APPROVED
AGR 04-131
DEED 6085
APPROVED
AGR 01-166(2)
APPROVED
AGR 04-135
APPROVED
2,9 ·
Bakersfield, California May 26, 2004 - Page 11
CONSENT CALENDAR continued
Item 4.ff. continued
Appropriate $10,000.00 Old Town Kern Project Area
Operating Fund Balance to the Economic and
Community Development Operating Budget for
escrow closing costs and final environmental testing
for 1924 Q Street.
Motion by Vice-Mayor Couch to appropriate funds.
ii,
Authorization for City Manager to submit a Community Voice
Opinion regarding Governor Schwarzenegger's budget
proposal.
Vice-Mayor Couch requested the City Manager's assistance in
obtaining an exception from the Bakersfield Californian
regarding the policy of none publication of submissions with
multiple authors to the Community Voice Opinion; additionally
he requested all Councilmembers make a point to sign the
Community Voice Opinion submission.
Motion by Vice-Mayor Couch to authorize the submission.
CONSENT CALENDAR HEARINGS
Public Hearing to consider an increase in the monthly
readiness to serve charge and quantity rate for the City
Domestic Water system.
Resolution establishing domestic water rates for Ashe,
Fairhaven and Riverlakes Ranch service areas of the
City Domestic Water System.
City Clerk McCarthy announced correspondence had been
received from one citizen opposing the increase in water
rates.
Hearing opened at 6:19 p.m.
Motion by Vice-Mayor Couch to continue the hearing to the June
23, 2004 Council meeting.
CLOSED SESSION
Closed Session pursuant to Government Code Section
54957.6; Conference with Labor Negotiator.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
I 92
Bakersfield, California May 26, 2004 - Page 12
CLOSED SESSION continued
b. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. 1) Melanie Billings v City, et al and, 2)
Goland and Roy v Wright, City, et al.
Motion by Vice-Mayor Couch to recess to Closed Session at 6:20
p.m.
Motion by Vice-Mayor Couch to recess from Closed Session at
7:02 p.m.
RECONVENED MEETING - 7:10 p.m.
7. ROLL CALL
Present:
Absent:
8.
9.
10.
11.
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Hanson, Sullivan, Salvaggio
Benham
INVOCATION by Pastor John May, Rio Bravo Valley Baptist Church.
PLEDGE OF ALLEGIANCE by Andrew Hudson, 5th Grade Student at
Olive Drive Elementary School.
CLOSED SESSION ACTION
a. Closed Session pursuant to Government Code Section
54957.6; Conference with Labor Negotiator.
b. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. 1) Melanie Billings v City, et al and, 2)
Goland and Roy v Wright, City, et al.
PRESENTATIONS
a. Presentation by Debra Smith, Director, Emerging Markets and
Public Programs, for HealthNet, of a HealthNet grant in the
amount of $25,000.00 for the MLK Afterschool Program.
Interim Recreation and Parks Director Christensen introduced
Debra Smith.
Debra Smith made comments.
ACTION TAKEN
APPROVED
APPROVED
NO
REPORTABLE
AC~ON
NO
REPORTABLE
ACTION
12,
13,
14.
Bakersfield, California May 26, 2004 - Page 13
PUBLIC STATEMENTS
None.
HEARINGS
a. Public Hearing to consider Resolution making application to
LAFCO to amend the City's Sphere of Influence and approval
and adoption of a Negative Declaration.
City Clerk McCarthy announced correspondence was
received from Jeremy T. Tobias, City of Shafter, in opposition
to staff's recommendation.
Staff comments by Development Services Director Hardisty.
Hearing opened at 7:33 p.m.
Lorraine Unger, representing the Sierra Club, spoke in
opposition to the staff recommendation.
Hearing closed at 7:37 p.m.
Motion by Vice Mayor-Couch to adopt the Resolution, approved
the Negative Declaration and direct staff to make application to
LAFCO to expand the sphere of influence.
Councilmember Maggard requested staff develop a strategy and
report to Council, regarding development of joint boundaries
with Shafter, how to interface commercial areas, and how to
coordinate Route 15 funding.
Councilmember Benham returned.
DEFERRED BUSINESS
a.
Correction of construction financing timeline detail for
Agreement No. 04-002(1) with D.W. Sivers Company to sell
real property.
City Clerk McCarthy announced a correction to page 2 of the
submitted material, to include the following language, "with no
free standing fast food pads."
City Manager Tandy made staff comments.
ACTION TAKEN
APPROVED
AB BENHAM
A GR 04-002(1)
Motion by Councilmember Carson to approved the correction APPROVED
with the amended wording included.
294
Bakersfield, California May 26, 2004 - Page 14
t5. MAYOR AND COUNCIL STATEMENTS ACTION TAKEN
Councilmember Carson requested an update regarding cell phone bill
boards. Assistant City Manager Stinson responded.
Councilmember Salvaggio requested staff remove graffiti on
masonry walls on the west side, near Ming Ave. of South H
Street.
Councilmember Salvaggio commended Jack Turman for purchasing
an anti-graffiti unit.
Councilmember Salvaggio congratulated Bill Rector on his promotion
to Police Chief.
Councilmember Salvaggio requested staff repair the end of a
cement median on White Ln. just west of Wible Rd.
Councilmember Salvaggio requested staff contact a citizen
regarding purported drug dealing in an apartment complex on
Castleford and supplied contact information.
Councilmember Salvaggio requested staff investigate crowing
roosters on Laurel Drive and determine acceptability according
to the Municipal Code.
Councilmember Benham requested graffiti abatement on Union
Ave. between Hwy. 178 and Columbus Ave.
Councilmember Benham requested staff replace a citizen's Toter
which has been defaced by graffiti and provided contact
information.
Councilmember Benham requested the City Attorney explore
obtaining grants for the purpose of community prosecutions for
graffiti and property crimes.
Councilmember Hanson recognized Sing Lum sixth grade student
Eliza Esprito, who placed first in the Junior Division of the State
Science Fair.
Councilmember Hanson requested staff check for dead trees in
Campus Park.
Councilmember Hanson requested staff investigate a citizen in
Haggin Oaks rasing dogs in violation of the Municipal Code.
295
15.
Bakersfield, California May 26, 2004 - Page 15
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Hanson requested an update regarding non-
profit license fees.
Councilmember Hanson thanked Cheryl Perkins for assistance in
contacting Mr. Scales.
Councilmember Sullivan congratulated Bill Rector on his selection as
the next Chief of Police.
Councilmember Sullivan requested Assistant Chief Rector
contact her regarding efforts to develop new anti-graffiti
measures/programs.
Councilmember Sullivan requested staff fill a pothole on the
west side of Ashe Rd. in the right hand lane near White Ln.
Councilmember Sullivan requested staff fill potholes in the alley
behind Reader Ave.
Councilmember Sullivan requested community help in the effort to
eliminate County islands.
Councilmember Maggard requested information regarding the referral
process. City Manager Tandy responded.
Councilmember Maggard requested information regarding
maintenance of junction boxes and mailboxes, which have been
defaced with graffiti.
Councilmember Maggard requested staff contact GET regarding
maintaining and upgrading roadway conditions in bus stop
areas and report back to Council.
Vice-Mayor Couch made comments regarding the natural gas vehicle
which has been loaned to the City.
Vice-Mayor Couch congratulated Bill Rector on his selection as the
new Police Chief.
Vice-Mayor Couch thanked Police Captain Lynn on his service to the
City.
Vice-Mayor Couch thank the City Attorney for the memo
regarding maintenance of railroad crossings, requested staff
prepare a Resolution implementing process and bring forward
for Council approval.
ACTION TAKEN
I 96
Bakersfield, California May 26, 2004 - Page 16
'15. MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Vice. Mayor Couch requested staff assure Eagle Scouts are
recognized; additionally recognized Nathan Campbell on
attaining Eagle Scout status.
16. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:50 p.m.
MAYOR of the
ATTEST:
CITY CLERK and Ex Officio CI~F~ of the
City of Bakersfield, California