HomeMy WebLinkAbout04/14/04 CC MINUTESMINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
APRIL 14, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLLCALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent: None.
2. PUBLIC STATEMENTS
None.
3. APPOINTMENTS
One (1) appointment to the Planning Commission, due to the
expiration of term of Jeffrey Tkac, term expiring April 30,
2004.
Motion by Councilmember Sullivan to approve the APPROVED
reappointrnent of Jeffrey Tkac.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of March 24, 2004.
Payments:
Approval of depadment payments from March 12, 2004 to
April 1, 2004 in the amount of $8,660,963.50 and self
insurance payments from March 12, 2004 to April 1, 2004 in
the amount of $319,374.95.
Ordinances:
First Reading of Ordinance amending Section 2.62 of the
Municipal Code relating the Keep Bakersfield Beautiful
Committee.
FR
Bakersfield, California April 14, 2004 - Page 2
CONSENT CALENDAR continued
First Reading of Ordinance amending Chapter 13.04 of the
Municipal Code relating to the notice and hearing
requirements for Maintenance Districts.
Adoption of Ordinance adopting the Negative Declaration and
amending Section 17.06.020 (Zone Map No. 102-36) of Title
17 of the Municipal Code by changing the zoning from an R-1
(One Family Dwelling) zone to a PUD (Planned Unit
Development) zone on 104.46 acres, generally located on the
west side of Jewetta Avenue, approximately 600 feet north of
Stockdale Highway. (Engineer: Mclntosh and
Associates/Developer: Castle & Cooke) (ZC 03-1246)
Adoption of Ordinance adding Chapter 9.23 to the Municipal
Code relating to the assessment of second response costs for
loud or unruly events.
Adoption of Ordinance upholding the decision of the Planning
Commission, denying the appeal by the Sierra Club, adopting
Negative Declaration and amending Section 17.06.020 (Zone
Map No. 104-07) of the Municipal Code by changing the
zoning from A (Agriculture) to R-1 (One Family Dwelling) and
A-HD (Agriculture-Hillside Development) to R-1-HD (One
Family Dwelling-Hillside Development) on 160+ acres
generally located north of Paladino Drive, west of the
proposed Morning Drive alignment, in the northwest quarter
of Section 7, T29S, R29E (ZC 03-1133) (Aera Energy,
LLC/Applicant)
Resolutions:
Resolution approving the Negative Declaration for the
Rosedale Highway (State Route 58) Widening Project.
Resolution declaring the results of the Primary Municipal
Election for the election of Mayor, held in the City of
Bakersfield on March 2, 2004.
Resolution determining that the LDV, Inc., Mobile Command
Vehicle Model MCC26LGS260~2001, Stock #8767R for use
in the Police Department cannot be obtained through the
usual bidding procedures and authorizing the Finance
Director to dispense with bidding therefor, not to exceed
$215,000.00.
ACTION TAKEN
FR
ORD 4t82
ORD 4183
ORD 4184
RES 162-04
RES 163-04
RES 164.04
Bakersfield, California Apdl 14, 2004 - Page 3
CONSENT CALENDAR continued
Resolution opposing Senate Bill 1462 (Kuehl), establishing a
Southern California Military Greenway Commission for Kern,
Kings, Los Angeles, and Ventura Counties.
Resolution amending the official list of designated speed
zones, pursuant to Sections 22357 and 22358 of the
California Vehicle Code and Chapter 10.24 of the Bakersfield
Municipal Code.
Resolution adding territory, Area 1-45 (Jewetta, Brimhall NE)
to the Consolidated Maintenance District and confirming the
assessment, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County
Tax Collector.
Resolution of Intention No. 1327 to add territory, Area 4-29
(Baker Street Il) to the Consolidated Maintenance District,
preliminarily adopting, confirming and approving Public Works
Director's Report and setting time and place for hearing
protests to the proposed addition of territory.
Resolution of Intention No. 1331 to add territory, Area 1-46
(Jewetta, Noriega NW-II) to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Agreements:
p. Tract Maps and Improvement Agreements:
1
Final Map and Improvement Agreements with Vista
Finestra I for Tract 6012, Phase 2 located north of
Stockdale Highway and west of Renfro Road.
Final Map and improvement Agreements with Granite
Pointe, LLC for Tract 6095 Phases 1 and 2 located
south of Berkshire Road and east of Wible Road.
License Agreement with the property owners in Tentative
Tract No. 6190 for an irrigation line to be located along the
right of way line of and across McCutcheon Road, westerly of
Stine Road.
ACTION TAKEN
RES 165-04
RES '166-04
RESf6~04
ROI 1327
ROI 1331
AGR 04-087
A GR 04-088
AGR 04-089
AGR 04-090
AGR 04-091
Bakersfield, California April 14, 2004 - Page 4
CONSENT CALENDAR continued
Agreement to initiate eminent domain action to secure
construction of improvements and guaranteeing payment for
acquiring offsite real property interest for Vesting Tentative
Tract Map No. 6160 located near the intersection of
Miramonte Drive and Casa Club Drive. (Rio Grande
Development, LLC)
Agreement to initiate eminent domain action to secure
construction of improvements and guaranteeing payment for
acquiring offsite real property interest for Vesting Tentative
Parcel Map No. 10927 located on the north side of Panama
Lane and east of Highway 99. (Panama Lane, LLC)
Agreement with Arrache, Clark & Potter to provide legal
services in the acquisition of offsite real property interest for
Vesting Tentative Parcel Map No. 10927 (Panama Lane,
LLC), in an amount not to exceed $75,000.00, and,
appropriate $75,000.00 developer's contribution to the Public
Works Capital Improvement Budget in the gas tax fund.
Reimbursement Agreement with Kern Delta Water District to
pay City for a share of the costs to repair and replace the
Carrier Canal culvert at 19th and Oak Streets.
Consent to Common Use Agreement with the County of Kern
for Tract Nos. 6097 and 6143 for public street purposes with
the City's easement.
Agreement with the Bakersfield Redevelopment Agency for
use of Community Development Block Grant Funds and for
conveyance of real property located at 713 Lake Street for the
Old Town-Kern Mixed Use Project.
Amendment No. I to Agreement No. 03-361 with Kern Delta
Water District for common use of Kern Island Canal regarding
the Mill Creek Project.
Amendment No. 1 to Memorandums of Understanding
between the City, County of Kern, Kern Council of
Governments and the State of California Department of
Transportation for the Regional Transportation Model.
ACTION TAKEN
AGR 04-092
AGR 04-093
AGR 04-094
AGR 04-095
AGR 04-096
AGR 04-097
AGR 03.381(1)
1. Agreement No. 04-011 with Kern Regional Modeling AGR 04-0'11(I)
Coordination MOU reaffirms the existence and roles
o1' the Kern Regional Transportation Modeling
Committee founded in June 2001 by the Kern COG
Board
239
Bakersfield, California April 14, 2004 - Page 5
CONSENT CALENDAR continued
Item 4.y. continued
Agreement No. 04-012 with 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.
Agreement No. 04-013 . with Kern Regional
Transportation Model Distribution MOU establishes a
distribution policy for the Model.
Construction Management Services for White Lane at State
Route 99 Overcrossing Widening and Interchange
Improvements:
Amendment No. 1 to Consultant Agreement No. 03-
236 with Parsons Brinckerhoff Construction Services,
Inc. (increase compensation by $90,283.00, for a total
contract amount of $317,876.00) for construction
management services.
Appropriate $90,000.00 Transportation Development
Fund Balance to the Capital Improvement Budget.
aa. Plan Check Services:
Amendment No. 3 to Agreement No. 03-044, Design
Consultant Contract with Meyer Civil Engineering, Inc.
($40,000.00, for a total not to exceed compensation of
$120,000.00) for improvement plan checking
engineering services.
Appropriate $40,000.00 additional Plan Check
revenue to the Public Works Department's Operating
Budget within the Development Services Fund.
ACTION TAKEN
AGR 04-012(1)
AGR 04-013(1)
AGR 03-236(1)
AGR 03-044(3)
2.40
Bakersfield, California April 14, 2004 - Page 6
CONSENT CALENDAR continued
bb. McMurtrey Aquatic Center Project:
Contract Change Order No. 1 to Agreement No. 03-
243 with S. C. Anderson Inc. ($47,651.92, for a
revised contract amount of $5,901,451.92) for the
Aquatic Center Project.
Appropriate $15,648.00 donation to the Capital
Improvement Budget within the Recreation Facility
Fund.
Bids:
CC.
Accept bid to award annual contracts to National Water
Works (10 items) and AMCO Water Metering Systems, Inc.
(2 items), not to exceed $285,000.00, for water meters.
dd.
Accept bid to award annual contract to Bowman Asphalt, Inc.,
not to exceed $450,000.00, for HUD funded street materials
(asphalt concrete).
ee.
Extend bid from South Coast Fire Equipment to purchase one
{1) replacement 1500 GPM Fire Pumper with 750 gallon tank
($401,976.29) for Fire Department, Station 11.
Accept bid from Quinn Company ($607,520.84) for three (3)
replacement articulated four wheet drive loaders, with buckets
and grapple fork for Public Works.
Miscellaneous:
gg.
Appropriate $32,379.00 Proposition 12 (Watershed, Wildlife,
and Parks Improvement Bond Act of 2000) Grant Funds to
the Recreation and Parks Department General Fund
Operating Budget for the Kern City Reforestation Project.
hh.
Appropriate $g5.720.00 developer's con[ribution balance to
the Development Services Operating Budget in the General
Fund, pursuant to agreements approved on March 25, 2004,
for the preparation of an Environmental Impact Report for
General Plan Amendment/Zone Change 03-1544 (Buena
Vista Ranch).
ACTIONTAKEN
CC01 03-243
A GR 04-098
AGR 04-099
AGR 04-100
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California April 14, 2004 - Page
CONSENT CALENDAR continued
ii.
Appropriate $97,000 Downtown Housing Fund balance and
Transfer $25,000 from the Operating Budget to the Capital
Improvement budget for site remediation at 21st & "R" Street
(Parkview Cottage Project).
jj.
Reclassification of open Laborer position to a Service
Maintenance Worker position - Streets Division.
kk.
Approval of additional positions in the Public Works
Department (2 Engineering Tech I and 2 Construction
Inspectors) and Development Services Department (1
Residential Plan Checker and I Building Permit Technician)
to address increased development activity and service
demands to be funded through developer fees.
Il. Southwest Park Project:
Transfer $1,300,000.00 Park Development Fund
Balance to reduce the General Fund portion of the
unfunded liability within the Self Insurance Fund.
2
Appropriate $1,458,000.00 Park Development Fund
Balance to the Park Development Capital
Improvement Budget to complete Phase 1 (as
amended) of the 32 acre park project.
mm. Acceptance of 2002-03 Transportation Development Act
Funds Financial Statements.
hR.
oo.
Grant of Easement to Pacific Bell for an easement between
Lone Pine Way and a future street to install underground
communication facilities (Tevis Park).
Waiver of Sub-Grant Award for Juvenile Accountability
incentive Block Grant.
Motion by Vice Mayor Couch to approve Consent Calendar items
4. a. through 4.00., with correction to item 4. d., and the removal
of items 4. ff. and 4. ii., for separate consideration.
ff.
Accept bid from Quinn Company ($607,520.84) for three (3)
replacement articulated four wheel drive loaders, with buckets
and grapple fork for Public Works.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
REFERRED TO BUDGET
AND FINANCE
COI~ITTEE
APPROVED
Motion by Councilmember Salvaggio to accept the bid. APPROVED
Bakersfield, California April 14, 2004 - Page 8
CONSENT CALENDAR continued
Vice-Mayor Couch requested staff review and report back to
Council regarding City policy relating to bid splitting.
ii. Appropriate $97,000 Downtown Housing Fund balance and
Transfer $25,000 from the Operating Budget to the Capital
Improvement budget for site remediation at 21st & "R" Street
(Parkview Cottage Project).
Motion by Councilmember Hanson to approve the Appropriation.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution ordering the vacation
of Brite Street on the east side of Oleander.
Hearing opened at 5:35 p.m.
No one spoke.
Motion by Councilmember Carson to close the hearing and
adopt the Resolution.
CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation. Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9 regarding:
E. Brooks, et al v City;
Bradford Martin v BPD, et al;
Goland and Roy v Wright, City, et al.
Closed Session pursuant to Government Code Section
$4957.8 regarding Employee and Labor Relations Directions.
Conference with Real Property Negotiators pursuant to
Government Code 54956.8; Property: 5601-A Rosedale
Highway; Agency Negotiators: Finance Director Gregory
Klimko and Real Property Manager Donald Anderson;
Negotiating Parties: Charles Mangus for Mangus Trust; Under
Negotiation: Price and terms of payment for purchase.
ACTION TAKEN
A PPR 0 VED
RES 168-04
APPROVED
Bakersfield, California April 14, 2004 - Page 9
Motion by Vice-Mayor Couch to recess to Closed Session at 5:36
p.m.
Motion by Vice-Mayor Couch to recess from Closed Session at
6:55 p.m.
RECONVENED MEETING - 7:00 p.m.
ROLL CALL
Present:
10.
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Sullivan, Salvaggio
Absent: None.
INVOCATION by Pastor Stephen A. Frost, Christ the King Church.
PLEDGE OF ALLEGIANCE by Kyle Hood, 2nd Grade Student at
Highland Elementary School.
Mayor Halt recognized UCSB Communication/Public Affairs
students and Ridgeview High School Government students.
Motion by Councilmember Maggard to move item 16.b forward
to be heard after Public Statements.
CLOSED SESSION ACTION
Conference with Legal Counsel - Existing Litigation. Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9 regarding:
E~ Brooks, et al v City;
Bradford Martin v BPD, et al;
Goland and Roy v Wright, City. et al.
Closed Session pursuant to Government Code Section
54957.6 regarding Employee and Labor Relations Directions.
Conference with Real Proped:y Negotiators pursuant to
Government Code 54956.8; Property: 5601-A Rosedale
Highway; Agency Negotiators: Finance Director Gregory
Klimko and Real Property Manager Donald Anderson;
Negotiating Parties: Charles Mangus for Mangus Trust; Under
Negotiation: Price and terms of payment for purchase.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
APPROVAL OF
SETTLEMENT IN
THE AMOUNT OF
$37,5O0
NO REPORTABLE
AC~ON
NO REPORTABLE
AC~ON
NO REPORTABLE
AC~ON
NO REPORTABLE
AC~ON
t44
11.
12.
16.
Bakersfield, California April 14, 2004 - Page 10
PRESENTATIONS
Presentation by Mayor Hall of Proclamation to LaNeice
Kersten and Greg Bynum of the Bakersfield Association of
Realtors, proclaiming April, 2004, as "Fair Housing Month".
Ms. Kersten and Mr. Bynum made comments.
Presentation by Liz Gomez, Government Relations
Representative for PG&E, of Franc'hise Fees Check to the
City of Bakersfield.
Ms. Gomez made comments.
PUBLIC STATEMENTS
Roberta Miller spoke regarding code enforcement issues,
graffiti and road conditions in the Stonecreek area.
Councilmember Sullivan requested staff research implementing
a reward program in order to apprehend individuals
vandalizing/tagging in the Stonecreek area; additionally staff to
contact her regarding nuisance abatement of vacant properties
on New Stine Rd.
Councilmember Salvaggio requested staff investigate the
use of special monies to demolish abandoned homes on New
Stine Rd.
NEW BUSINESS
b. Off Highway Motor Vehicle Recreation Project:
Resolution approving the application for and receipt of
State Grant Funds for a new off highway vehicle park.
Project Agreement with State of California to receive
funds for preliminary work necessary to site a new off
highway vehicle park.
Grant Agreement with State of California to receive
grant funds for a new off highway vehicle park.
ACTIONTAKEN
RES 170-04
AGR 04-101
AGR 04-~02
Appropriate $500,000.00 State Grant Funds to the Off
Highway Vehicle Park Capital Improvement Budget.
45'.
16.
13.
14.
15.
16.
17.
Bakersfield, California April 14, 2004 - Page 11
NEW BUSINESS continued
Item 16.b. continued
Dick Taylor, on behalf of the California State Department of Parks
and Recreation Off Highway Vehicle Trust Fund, presented at check
to Mayor Hall for $500,000 for the purpose of beginning work on an
Off Road Vehicle Park in the Bakersfield vicinity.
Motion by Councilmember Maggard to ,adopt the Resolution,
approve the Agreements and Appropriate the funds.
CONSENT CALENDAR- for items not heard at 5:15 p.m. portion of meeting.
None.
HEARINGS
None.
REPORTS
a. Budget Update.
City Manager Tandy gave a status report on the budget.
NEW BUSINESS
Resolution in support of improving regulations relative to
group homes.
Motion by Vice-Mayor Couch to adopt the Resolution with the
deletion of item number six.
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Maggard requested clarification regarding a news
report regarding a purported baseball stadium project. City Manager
Tandy responded.
Councilmember Maggard reiterated Council's commitment to
concentrating on its agreed upon core priorities/services during the
current fiscal crisis.
Councilmember Salvaggio requested staff provided weed
abatement behind 2801 S. H Street.
Councilmember Salvaggio requested staff investigate a report
of people living in a trailer at 2112 Dayton Ave.
ACTION TAKEN
APPROVED
RES 169-04
APPROVED
246
17.
Bakersfield, California April 14, 2004 - Page 12
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Salvaggio requested staff repair a pothole on
Acres Rd. south of Panama Ln.
Councilmember Salvaggio made comments regarding the Sister City
Program and provided information on his recent trip to the Chinese
Sister City, Cixi.
Councilmember Benham commended staff'on timely responses to
citizen requests during these difficult fiscal times.
Councilmember Hanson requested information regarding
implementation of money-saving measures in the operation of the
18th Street Parking Garage. City Manager Tandy responded.
Councilmember Hanson requested an update regarding the canal
situation in the Greater Bakersfield Area. Public Works Director
Rojas responded~
Councilmember Hanson requested information regarding purchasing
of property for Fire Station 17 and the adjacent park. City Manager
Tandy responded.
Councilmember Hanson requested information regarding the Joint
Powers Agreement. Chief Fraze responded.
Councilmember Hanson requested information regarding a possible
sudax on property. City Manager Tandy responded.
Councilmember Hanson requested the alley on the north side in
the 7000 block of Ming Ave, be swept.
Councilmember Hanson complemented staff for doing a good job.
Councilmember Carson thanked Community Development for the
community meeting held at the Dr. Martin Luther King, Jr. Center
providing information on Block Grant Funds for the Southeast.
Councilmember Carson thanked the community for support shown
the FrankIin Graham Festival,
Councilmember Carson requested an update on cars and junk
at 512 Fig Street.
Councilmember Carson announced she has been nominated by
Congressman Bill Thomas to attend the African-American Leadership
Summit in Washington, D.C., April the 26-28 and that she would be
attending.
ACTION TAKEN
2 47
17.
Bakersfield, California April 14, 2004 - Page 13
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Sullivan congratulated Councilmember Carson on
her nomination by Congressman Thomas.
Councilmember Sullivan requested staff repair potholes at the
intersection of Stine and Planz and provided backup
information.
Councilmember Sullivan expressed concern of vandalism/graffiti
in Stonecreek; requested staff explore possible remedies; and
look at ways to catch the vandals.
Councilmember Sullivan requested staff contact her regarding
abandoned houses on Stine.
Councilmember Sullivan provided information regarding her
Washington, D.C. trip.
Councilmember Sullivan reminded the community of the Great
American Clean-Up is Saturday, April 24TM.
Vice-Mayor Couch thanked City Manager Tandy for his response to
the Grand Jury Report.
Vice-Mayor Couch requested Chief Fraze convey to his
counterpart at the County concerns regarding the level of fire
protection service in the northwest and report back any
response.
Vice-Mayor Couch requested staff investigate a vehicle
advertising an adult business parked in a residential area and
possible action to prevent the vehicle from parking in the area.
Vice-Mayor Couch requested provide time-line information
regarding amenities at the park near Almondale School to an
interested citizen.
Vice-Mayor Couch thanked Chief Matlock and Captain Taylor for
assistance in a traffic matter in Ward 4.
Vice-Mayor Couch requested Public Works staff look at striping
ora couple of streets.
Vice-Mayor Couch requested staff review revising street width
standards in order to facilitate walkable neighborhoods.
ACTION TAKEN
2:48
17.
18.
Bakersfield, California April 14, 2004 - Page 14
MAYOR AND COUNCIL STATEMENTS continued
Vice-Mayor Couch requested staff work with the County to
determine location of all canals in the Greater Bakersfield Area;
determine crossing locations and review viability of including
repair/refurbishment costs in the Transportation Impact Fee
Project List.
Vice-Mayor Couch requested staff investigate installation of
barriers at Riverlakes Golf Course along 'Calloway Drive.
Vice. Mayor Couch provided contact information regarding
children playing in the street and requested staff respond.
Vice-Mayor Couch requested staff prepare a letter of support
from Council, for the Local Government Initiative, to the
Governor.
Vice-Mayor Couch requested staff investigate and provide
suggestions to Council for standards to camouflage cellular
towers.
Mayor Hall announced he received, on behalf of the City, a merit
award from the American Society of Landscape Architects, for
development of the local Freeway Master Plan.
Mayor Hall made comments regarding the Sister City Program.
ADJOURNMENT
ATTEST:
CITY CLERK and Ex Officio Clerk (~the
City of Bakersfield, California
ACTION TAKEN