HomeMy WebLinkAbout06/09/04 CC MINUTES297
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JUNE 9, 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. ROLLCALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard (seated at 5:18 p.m.),
Hanson, Sullivan, Salvaggio
Absent: None
2. WORKSHOP
a. Department Budget Presentations.
1. Centennial Garden.
Centennial Garden General Manager Jim Foss made a
computer presentation and provided handouts.
Councilmember Carson noted Bakersfield ice sport teams no
longer have to travel out of town to practice.
Councilmember Sullivan complimented staff on the
Centennial Garden facility.
Councilmember Hanson congratulated staff for the
enrichment Centennial Garden provides the community.
2. Greater Bakersfield Convention and Visitors' Bureau.
Don Jaeger, President of the Greater Bakersfield Convention
and Visitors' Bureau, made a computer presentation and
provided handouts.
Councilmember Hanson requested a more detailed
breakdown of Bureau expenses. Mr. Jaeger responded,
Councilmember Sullivan expressed appreciation for the
presentation and the work of the bureau.
Bakersfield, California June 9, 2004 - Page 2
WORKSHOP continued
Vice-Mayor Couch requested information regarding
calculation of figures. Mr. Jaeger responded.
PUBLIC STATEMENTS
David Dowdy spoke regarding leaded paint coating
light poles in Jastro Park.
Councilmember Benham requested staff investigate the
situation and report and findings to Council.
Milt Younger, President of the Bakersfield Symphony
Orchestra, spoke requesting City support in funding
the orchestra and provided handouts.
Councilmember Sullivan requested staff again review funding
for the Bakersfield Symphony.
CONSENT CALENDAR
Minutes:
Approval of minutes of the meetings of May 17, 2004 and May
26, 2004.
Payments:
Approval of department payments from May 14, 2004 to May
27, 2004 in the amount of $7,977,462.61 and self insurance
payments from May 14, 2004 to May 27, 2004 in the amount
of $109,887.48.
Ordinances:
C. First Reading of Ordinance amending Section 10.40.010 of
the Municipal Code relating to the removal of vehicles.
First Reading of Ordinance requiring automatic gate opening
devices on access roads requiring emergency services.
Adoption of Ordinance amending Section 17.06.020 (Zone
Map No. 102-23) of Title 17 of the Municipal Code by
changing the zoning from a Planned Commercial
Development (PCD) zone to allow a Recreation Vehicle Park
with 227 spaces and related uses on 16.23 acres located on
the southwest corner of Pacheco and Wible Roads. (ZC 04-
O22O)
ACTION TAKEN
FR
FR
ORD 4192
Bakersfield, California June 9, 2004 - Page 3
CONSENT CALENDAR continued
Adoption of Ordinance amending Section 12.44.031 of the
Municipal Code relating to special permits for downtown
promotions.
Resolutions:
Resolution of Intention No. 1333 preliminarily adopting,
confirming and approving the Public Works Director's Report
for the Consolidated Maintenance District and the 2004 - 2005
budget; setting time and place for hearing protests on the
amount of street and median landscaping assessments to be
levied throughout the Consolidated Maintenance District.
Resolution of Intention No. 1334 preliminarily adopting,
confirming and approving the Public Works Director's Report
for the Consolidated Maintenance District and the 2004 - 2005
budget; setting time and place for hearing protests on the
amount of park landscaping assessments to be levied
throughout the Consolidated Maintenance District.
Resolution of Intention No. 1335 preliminarily adopting,
confirming and approving the Public Works Director's Report
for the Traffic Signal Maintenance Districts and the 2004 -
2005 budgets; setting time and place for hearing protests on
the amount of assessments to be levied throughout each of
the Traffic Signal Maintenance Districts.
Assessment District No. 03-3 (Seven Oaks West III/Brighton
Place II/Fairway Oaks South):
Resolution determining assessments remaining
unpaid.
Resolution approving form and substance of
preliminary official statement and bond purchase
contract.
ACTION TAKEN
ORD 4193
ROI 1333
ROI 1334
ROI 1335
RES 196-04
RES 197-04
AGR 04-137
3. Resolution authorizing issuance of bonds. RES 198-04
Bakersfield, California June 9, 2004 - Page 4
CONSENT CALENDAR continued
Agreements:
k. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreement with Three
Views, LLC, and Porter-Robertson Engineering and
Surveying, Inc., for Tract 5518 located south of State
Route 178 and east of Miramonte Ddve.
I. Improvement Plan Checking Engineering Services:
Design Consultant Contract with Ruettgers and
Schuler Civil Engineers (not to exceed $50,000.00) for
improvement plan checking engineering services.
Appropriate $50,000.00 additional General Fund
Improvement Plan Check Revenue to the Public
Works Department's Operating Budget.
Agreement with Castle & Cooke California, Inc.
($5,660,000.00) to purchase real property located east of
Allen Road to approximately % mile east of Calloway Road for
the Westside Parkway.
Agreement with Carl G. Oblinger, trustee of the Carl G.
Oblinger Trust ($516,080.00) to purchase real property
located at the southeast corner of Johnson Road and Manon
Drive for the Westside Parkway.
o. Bakersfield Municipal Airport Ground Leases:
Ground Lease Agreement with Bob Hooper for
purposes of constructing an aircraft storage hangar at
the Bakersfield Municipal Airport.
Ground Lease Agreement with Gary A. Longwith for
purposes of constructing an aircraft storage hangar at
the Bakersfield Municipal Airport.
License Agreement with Kern Water Bank Authority for
constructing and maintaining four (4) recovery well turn-in
structures and pipelines to the City-owned Kern River Canal
located in the "2800 Acres" approximately 4.5 miles west of
Buena Vista Road.
ACTION TAKEN
AGR 04-138
AGR 04-t39
AGR 04-140
DEED 6069
AGR 04-141
DEED 6097
AGR 04-142
AGR 04-f43
AGR 04-144
801
Bakersfield, California June 9, 2004 - Page 5
CONSENT CALENDAR continued
Agreement with Rick Maharrey dba Kern County Slow-Pitch
Softball (not to exceed $51,300.00) for officiating services for
the city adult softball program.
Amendment No. I to Agreement No. 03-207 with Kern
Sprinkler Landscaping to extend agreement for twelve (12)
months ($75,000.00 increase, for a revised not to exceed
compensation amount of $150,000.00) for irrigation and
landscape service.
Bids:
Reject bids for 32 Acre Park north of Stockdale Highway at
Buena Vista Rd.
t. Reject all bids for Wayside Park Wet Play Area.
Accept bid to award annual contracts to Abate-A-Weed,
Incorporated, Target Specialty Products, and Wilbur-Ellis
Company (not to exceed $169,300.00) for chemical
insecticides and herbicides for the Parks and Water
Resources departments.
Miscellaneous:
Authorize the Finance Director to forward to a collection
agency, accounts receivable in various funds totaling
$150,360.21.
Motion by Vice Mayor Couch to adopt Consent Calendar items
4.ao through 4. v., with the removal of item 4. v. for separate
consideration.
Authorize the Finance Director to forward to a collection
agency, accounts receivable in various funds totaling
$150,360.21.
Motion by Councilmember Hanson to authorize collection.
Councilmember Maggard requested staff explore additional
ways to collect debt owed the City.
Councilmember Hanson amended his motion to defer the item
to a later date.
ACTION TAKEN
AGR 04-145
AGR 03-207(0
AGR 04-146
AGR 04-147
AGR 04-t48
APPROVED
NAT
APPROVED
Bakersfield, California June 9, 2004 - Page 6
CONSENT CALENDAR HEARINGS
Public Hearing to consider appeal by Rio Bravo Residents
and Homeowner's Associations, regarding the decision of the
Planning Commission to approve Revised Vesting Tentative
Tract Map 5516 generally located south of Highway 178, east
of Miramonte Drive, with the Rio Bravo Golf Course
Community (Engineer - Porter Robertson/Subdivider - GFC
Properties, LLC).
Public Hearing to consider appeal by Rio Bravo Residents
and Homeowner's Associations, regarding the decision of the
Planning Commission to approve Revised Vesting Tentative
Tract Map 5517 generally located south of Highway 178, east
of Miramonte Drive, with the Rio Bravo Golf Course
Community (Engineer - Porter Robertson/Subdivider - GFC
Properties, LLC).
Public Hearing to consider appeal by Rio Bravo Residents
and Homeowner's Associations, regarding the decision of the
Planning Commission to approve Revised Vesting Tentative
Tract Map 6243 generally located south of Highway 178, east
of Miramonte Drive, with the Rio Bravo Golf Course
Community (Engineer - Porter Robertson/Subdivider - Three
Views, Limited Partnership).
Hearings opened at 6:05 p.m.
Motion by Maggard to open the hearings and continue to July 7,
2004.
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; City of Bakersfield v SPCA, et al.
Conference with Legal Counsel - Potential Litigation; Closed
Session pursuant to subdivision (c) of Government Code
Section 54956.9; One (1) potential case.
Motion by Vice-Mayor Couch to recess to Closed Session at 6:06
p.m.
ACTION TAKEN
CONTINUED TO
7.7.04
CONTINUED TO
7-7-04
CONTINUED TO
7-7-04
APPROVED
APPROVED
APPROVED
Motion by Vice-Mayor Couch to recess from Closed Session at
7:20 p.m. --
Bakersfield, California June 9, 2004 - Page 7
RECONVENED MEETING - 7:25 p,m.
7. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent: None.
Mayor Hall requested a moment of silence to honor the
passing of Ronald Reagan, 40th President of the United
States.
8. INVOCATION by Reverend Elizabeth Price, Acts of Worship Ministries.
PLEDGE OF ALLEGIANCE by Haresha Clark, 5~h Grade Student at
Evergreen Elementary School.
10. CLOSED SESSION ACTION
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; City of Bakersfield v SPCA, et al.
Conference with Legal Counsel - Potential Litigation; Closed
Session pursuant to subdivision (c) of Government Code
Section 54956.9; One (1) potential case.
11. PRESENTATIONS
a. Presentation of an Appreciation Plaque to Castle & Cooke.
Fire Chief Fraze made comments and presented the plaque
to Castle & Cooke on behalf of the Fire Department.
Darlene Mulkey and Steve DeBranch accepted the plaque on
behalf of Castle & Cooke.
Presentation by Mayor Hall of a Retirement Plaque and Gift
Certificate to Eric W. Matlock.
Mayor Hall made the presentation of a plaque and gift
certificate.
Children from the PAL Program and Officer Weston
presented an Eagle Trophy to Chief Matlock.
ACTION TAKEN
NAT
CONTINUED TO
THE END OF THE
MEETING
$04
11.
12.
13.
Bakersfield, California June 9, 2004 - Page 8
PRESENTATIONS
Chief Matlock made comments and acknowledged the PAL
Program.
PUBLIC STATEMENTS
a. Sandy Gardgan spoke on behalf of the Keep Bakersfield
Beautiful Committee and presented suggestions for
improvement of the City recycling program.
Councilmember Benham requested the Budget and Finance
Committee evaluate the suggestions.
HEARINGS
a. Public Hearing to consider commercial refuse rate increase
for fiscal year 2004/05 (4.8% proposed rate increase).
Public Works Director Rojas made staff comments.
Hearing opened at 7:49 p.m.
No one spoke.
Hearing closed at 7:49 p.m.
Motion by Vice-Mayor Couch to approve the increase and adopt
the Resolution.
b. Public Hearing to consider residential refuse rate increase for
fiscal year 2004/05 (4.8% proposed rate increase).
City Clerk McCarthy announced the City mailed over 70,000
hearing notices regarding the proposed increase.
Correspondence was received from two residents in support
of the fee increase and from twenty residents opposed to the
fee increase.
Public Works Director Rojas made staff comments.
Hearing opened at 7:50 p.m.
Pam Bradford spoke in opposition to the staff
recommendation.
No one spoke in support of the staff recommendation.
Hearing closed at 7:53 p.m.
ACTION TAKEN
APPROVED
BO.5
13.
14.
10.
15.
Bakersfield, California June 9, 2004 - Page 9
HEARINGS continued
Item 13.b. continued
ACTION TAKEN
Motion by Vice-Mayor Couch to approve the increase and adopt APPROVED
the Resolution.
c. Public Hearing for the FY 2004-05 Operating, Bakersfield NAT
Redevelopment Agency and Capital Improvement Program
Budgets.
Assistant City Manager Stinson made staff comments.
Hearing opened at 8:02 p.m.
No one spoke.
Hearing closed at 8:03 p.m.
NEW BUSINESS
a. Agreement for Animal Care Services (County - City of
Bakersfield).
City Manager Tandy made staff comments and introduced
Dave Price, Kern County Resoume Management Agency
Director, who made comments on behalf of the County.
Motion by Councilmember Carson to approve the Agreement.
Council adjourned to Closed Session for continued discussion APPROVED
on item 6.b. at 8:49 p.m. AB COUCH
CLOSED SESSION ACTION
b. Conference with Legal Counsel - Potential Litigation; Closed NAT
Session pursuant to subdivision (c) of Government Code
Section 54956.9; One (1) potential case.
Council reconvened at 10:00 p.m.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff trim a large olive tree
at the northwest corner of 19~ and Eye Streets.
Councilmember Benham thanked staff for the Grand Opening of the
McMurtrey Aquatic Center, encouraged the community to visit the
facility and noted events associated with the opening.
15.
Bakersfield, California June 9, 2004 - Page 10
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Hanson requested an update on property acquisition
for Fire Station 17. Assistant City Manager/Interim Recreation and
Parks Director Christensen responded.
Councilmember Hanson requested an update regarding cost-
effectiveness of tax exempt license fees for non-profit groups.
Councilmember Maggard requested the Legislation and
Litigation Committee address the issue of compelling utility
companies to maintain junction boxes.
Councilmember Maggard requested staff pursue compelling
Golden Empire Transit to repair road damage a bus stops
caused by GET vehicles.
Councilmember Salvaggio requested staff provide the
Bakersfield Symphony with information regarding City
assistance to other non-profit organizations.
Councilmember Salvaggio requested he be informed regarding
cement pouring at the White Lane Interchange.
Councilmember Salvaggio requested staff respond to a previous
referral and provide traffic study information regarding the
feasibility ora pedestrian crossing and four. way-stop at Fremont
and Wilson Roads.
Councilmember Sullivan requested Police provide extra
patrol/enforcement in the area of Ming and Valhalla to mitigate
drag racing and noise in the evenings and on weekends.
Councilmember Sullivan requested graffiti abatement on the
amphitheater at Beale Park.
Councilmember Sullivan made comments regarding the passing of
former President Reagan and announced a memorial breakfast
Friday morning, June '1 '1.
Vice-Mayor Couch congratulated retiring Police Chief Matlock on his
outstanding career.
Vice-Mayor Couch provided an update on Abby Duncan, who recently
received a new heart, and encouraged the community members
attend fund-raising activities on her behalf.
Mayor Hall made comments regarding the passing of former
President Reagan.
ACTION TAKEN
807
15,
16.
Bakersfield, California June 9, 2004 - Page 11
MAYOR AND COUNCIL STATEMENTS continued
Mayor Hall announced his office had received correspondence from
the Governor's office requesting facilitation of participation in a
citizen's condolence book which will be provided to the Reagan
Library. Forms will be available in the Mayor's office June 14 through
June 18.
ADJOURNMENT
ACTION TAKEN
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California
THIS PAGE LEFT INTENiIONALL BLANK