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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