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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