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Home My WebLink About07/21/04 CC MINUTESMINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JULY 21, 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. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson (seated at 5:20 p.m.), Benham, Maggard, Hanson, Sullivan (seated at 5:20 p.m.), Salvaggio Absent; None 2. PRESENTATIONS Presentation by Danielle McKinney and Barry Zoeller, Vision 2020 Committee, regarding the Bakersfield Brand. Councilmember Benham requested staff prepare a report on ways presentation can be utilized by the City. Presentation by Mayor Hall and John Enriquez, Chairperson, Keep Bakersfield Beautiful, of certificate to In-N-Out Burgers, Panama Lane, for their efforts in keeping Bakersfield beautiful. Steve Payne, Store Manager, In-N-Out Burgers, Panama Lane accepted the award on behalf of his company. Presentation by Vice-Mayor Couch of Proclamation to Janet Zaldua, Chairman, Kern County Department of Human Services, proclaiming August 1,2004 as "Kids Day in the City of Bakersfield." 3. PUBLIC STATEMENTS Don Jaeger spoke regarding Consent Calendar item 5.i. and the effect of new construction on traffic flow in the Riverlakes area. Stuart Gentry spoke regarding the John Q. Hammons hotel and provided written material. Bakersfield, California July 21,2004 - Page 2 PUBLIC STATEMENTS continued Ray Scott spoke regarding the 2004 Bakersfield Centennial Gospel Night and provided written material. APPOINTMENTS One appointment to the Metropolitan Bakersfield Habitat Conservation Implementation Trust Group due to the expiration of term of Westley Rhodehamel, term expires August 1, 2004. Motion by Vice-Mayor Couch to appoint Westley Rhodehamel to an additional two-year term. One appointment to the Board of Directors of the North Bakersfield Recreation and Park District, due to the resignation of Jake Sweeny. Ward 1 Patteson Ward 2 O'Rullian Ward 3 Patteson Ward 4 Patteson Ward 5 Patteson Ward 6 Patteson Ward 7 Patteson City Clerk McCarthy announced the individual receiving the highest number of votes was Stuart Patteson. Motion by Vice-Mayor Couch to appoint Stuart Patteson to fill the unexpired term of Jake Sweeney. City Clerk McCarthy announced due to time constraints the Consent Calendar and New Business would be carried over to the 7:00 p.m. portion of the meeting. CLOSED SESSION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (b)(1)(C); In the matter of Claim No. 03-05-169, by Kenneth Kind. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (a); City of Bakersfield vs. City of Shafter, KCSC Case NYA. ACTION TAKEN APPROVED APPROVED Bakersfield, California July 21,2004 - Page 3 CLOSED SESSION continued Motion by Vice-Mayor Couch to recess to Closed Session at 6:03 p, mo Motion by Vice-Mayor Couch to recess from Closed Session at 6:55 p.m. RECONVENED MEETING - 7:00 p.m. '10. ROLL CALL Present: 11. 12. 13. Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: None. INVOCATION by Reverend James Issacs, Bakersfield Church of the Brethem. PLEDGE OF ALLEGIANCE by Rosebrooke Wolaver, 4~ Grade Student at Stine Elementary School. CLOSED SESSION ACTION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (b)(1)(C); In the matter of Claim No. 03-05-169, by Kenneth Kind. A(;;TION TAKEN APPROVED APPROVED NO REPORTABLE AC~ON Conference with Legal Counsel - Existing Litigation; Closed NO REPORTABLE Session pursuant to Government Code Section 54956.9 (a); ACTION City of Bakersfield vs. City of Shafter, KCSC Case NYA. PUBLIC STATEMENTS Don Hodel spoke regarding catering services at the Convention Center/Centennial Garden. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of July 7, 2004, Bakersfield, California July 21, 2004 - Page 4 CONSENT CALENDAR continued Payments: Approval of department payments from June 25, 2004 to July 8, 2004 in the amount of $10,416,519.62 and self insurance payments from June 25, 2004 to July 8, 2004 in the amount of $130,285.71. Ordinances: First Reading of Ordinance amending Subsection 14.12.270(B) and repealing Section 14.12.410 and adding new Sections 14.12.410 through 14.12.417 of the Municipal Code relating to sewer permits and violations. First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 103-22) fo Title 17 of the Municipal Code by changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned Commercial Development) zone on 7.5+ acres generally located on the southeast comer of Mount Vernon Avenue and State Highway 178 to allow a 48,183 square foot commercial shopping center. (Developer: Cahan Properties) (File #04-0480) Adoption of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 123-11 ) of Title 17 of the Municipal Code by changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned Commercial Development) zone to allow a self- storage and recreational vehicle storage facility on 5.97 acres generally located on the northwest comer of Wilson and South Real Roads. (ZC03-1514) (Derrels Mini Storage/Jim Marino) Ordinance adding Section 15.64.055 to the Municipal Code related to smoking regulations in enclosed areas. (First Reading 7/7/04) ACTION TAKEN FR FR ORD 4196 REPERRED TO LEGISLATIVE AND LITIGATION COMMITTEE . Bakersfield, California July 21, 2004 - Page 5 CONSENT CALENDAR continued Resolutions: g. Bdmhall Planned Drainage Area: Resolution adopting the Brimhall Planned Drainage Area. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to Drainage Facilities. Resolution in opposition to Proposition 68 Tribal Gaming Compact Renegotiation, Non-Tribal Commercial Gambling, which is on the November 2, 2004 Ballot. Resolution approving development plan review for construction of a 159 multiple family dwellings and rental office/clubhouse and recreation areas on 18.83 acres located at 1000 River Ranch Drive within an R-2/PUD (Limited Multiple Family Dwelling-Planned Unit Development) zone district. Resolutions of Application proposing proceedings for two annexation areas that are uninhabited territories to the City, property identified as Annexation No. 466 located north of Snow Road, generally west of Calloway Canal and Annexation No. 467 located generally south of State Highway 178 (south of the Rio Bravo development), east of Comanche Drive. Agreements: k. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with LB/L- DS Ventures Bakersfield, LLC, for Tract 5966 Unit 3 located west of Jewetta Avenue and north of Meacham Road. Final Map and Improvement Agreement with Jewetta Development Company, LLC, for Tract 6220 located north of Brimhall Road and east of Jewetta Avenue. ACTION TAKEN RES 222-04 ORD 4197 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION RES 224-04 RES 225-04 AGR 04-207 AGR 04-208 AGR 04-209 346 Bakersfield, California July 21,2004 - Page 6 CONSENT CALENDAR continued I. Subdivision Plan Checking Services: Agreement with Willdan ($150,000.00) to provide plan checking services. Appropriate $150,000.00 contribution to the Public Works Department Operating Budget within the Development Services Fund. Grant Agreement with Federal Aviation Administration (FAA) accepting grant offer in the amount of $150,000.00 for airport improvements. Ground Lease Agreement with David Donahue for purposes of construction an aircraft storage hangar at the Bakersfield Municipal Airport. Stream Alteration Agreement with State of California Department of Fish and Game for the seismic retrofit (bddge replacement) fo North Chester Avenue southbound bridge at the Kern River. Design Consultant Contract with Parsons Water and Infrastructure, not to exceed $3,800,000.00 to provide design services for the Wastewater Treatment Plant 3 - 2007 Expansion. Agreement with the Bakersfield Police Activities League describing the duties and obligations of the parties relating to the receipt and disbursement of the "Pass Through" Grant monies. r. Allen Road Sewer Improvement Project: Amendment No. 1 to Consultant Design Agreement No. 03-378 with Meyer Civil Engineers, Inc. ($14,550.00, for a total amount of $137,825.00) for design services. Appropriate $14,550.00 County share of project costs to the Capital Improvement Budget within the Sewer Enterprise Fund. Amendment No. 4 to Agreement No. 97-181 with Flying Puck LLC (Bakersfield Condors) to extend the term of the lease at Centennial Garden for an additional seven years. ACTION TAKEN AGR 04-210 AGR 04-211 AGR 04-212 AGR 04-2t3 AGR 04-214 AGR 04-215 AGR 03-378(~) REMOVED FOR SEPARATE CONSIDERATION 347 Bakersfield, California July 21, 2004 - Page 7 CONSENT CALENDAR continued Contract Change Order No. 2 to Agreement No. 03-347 with Griffith Company ($21,433.28, for a revised contract amount of $416,132.96) for the parking lot expansion at P Street and 14~ Street. Ditch Eradication and Pipeline Easement Agreement with Biackwood Estates, LLC for Tentative Tract 6175 at the southeast comer of Snow Road and Coffee Road. Bids: Accept bid to award annual contract to Pestmasters Services, Inc., not to exceed budgeted amount of $73,000.00, for chemical application on City property. Accept bid to award contract to Griffith Company ($376,720.00) to construct East California Avenue Streetscape Project. Accept bid to award contract to Best Roofing & Waterproofing, Inc. ($38,845.00) for restoration of concrete decks at the Bakersfield Police Department Building. Accept bid to award contract to Colombo Construction, Co. Inc. ($148,581.00) to construction Wood Waste Recycle Maintenance Shed. Motion by Vice-Mayor Couch to adopt Consent Calendar items 5.a. through 5.y., with the removal of items 5.h., 5.i., 5.s and 5. w. for separate consideration and correction to item 5. u. reflecting the Agreement is with Blackwood Estates, LLC. Resolution in opposition to Proposition 68 Tribal Gaming Compact Renegotiation, Non-Tribal Commercial Gambling, which is on the November 2, 2004 Ballot. Motion by Vice-Mayor Couch to adopt the Resolution. Resolution approving development plan review for construction of a 159 multiple family dwellings and rental office/clubhouse and recreation areas on 18.83 acres located at 1000 River Ranch Ddve within an R-2/PUD (Limited Multiple Family Dwelling-Planned Unit Development) zone district. ACTION TAKEN CCO 03-347(2) AGR 04-2t6 AGR 04-217 REMOVED FOR SEPARATE CONSIDERATION AGR 04-219 AGR 04-220 APPROVED RES 223-04 APPROVED CONTINUED TO 8-18-04 Bakersfield, California July 21, 2004 - Page 8 CONSENT CALENDAR continued Vice-Mayor Couch requested staff inform Mr. Froelich of action under consideration. Vice-Mayor Couch requested staff examine the transportation element of the project and return to Council. Motion by Vice-Mayor Couch to address the issue at the August 18~ Council Meeting. s. Amendment No. 4 to Agreement No. 97-181 with Flying Puck LLC (Bakersfield Condom) to extend the term of the lease at Centennial Garden for an additional seven years. Motion by Councilmember Hanson to approve the Amendment to the Agreement. ACTION T__.~EN APPROVED AGR 97.181(4) APPROVED Accept bid to award contract to Griffith Company ($376,720.00) to construct East California Avenue Streetscape Project. Motion by Councilmember Carson to accept the bid and award the Contract. CONSENT CALENDAR HEARINGS Consolidated Public Hearing to consider appeals by Mclntosh and Associates of the Planning Commission's decision to deny extensions of vesting rights for Tract 6086 and Tract 6087, Phase A, B and C, located south of Ming Avenue, east of South Allen Road. Resolution upholding the Planning Commission's decision and denying the appeals by Mclntosh and Associates. Consolidated Public Hearing to consider appeals by Public Works Department of the Planning Commission's decision to approve extensions of vesting rights for Tract 6087 Phase D, located south of Ming Avenue, east of South Allen Road (Developer-Castle & Cooke), and Tract 6104, Phases 1 and 5, located north of Panama Lane and east of Buena Vista Road (Developer-Centex). Resolution overturning the Planning Commission's decision and approving the appeals by the Public Works Department. AGR 04-218 APPROVED CONTINUED TO D ATE UNCERTAIN CONTINUED TO DA TE UNCERTAIN 349' Bakersfield, California July 21,2004 - Page 9 CONSENT CALENDAR HEARINGS continued Consent Calendar Hearings opened at 7:26 p.m. Roger Mclntosh, Mclntosh & Associates, spoke on behalf of Castle & Cooke California and Centex Homes, in support of the staff recommendation. Vice-Mayor Couch requested staff prepare a synopsis of the Tentative Map process and provide the information to Planning and Development Committee and KernCOG members. Motion by Councilmember Hanson to refer the issues to Planning and Development Committee and continue Consent Calendar Hearings 6.a. and 6.b. to a date uncertain. NEW BUSINESS a. John Q. Hammons Hotels Two, L.P.: Amendment No. 3 to Agreement No. 94/59/RA94-5 with John Q. Hammons Hotels Two, L.P. to delete their role as concessionaire to the Convention Center, and deed the ballroom to John Q. Hammons Hotels Two, L.P. Declaration of Easement and Cross-Easements between the City and John Q. Hammons Hotels Two, L.P. Amendment No. 1 to Agreement No. 03-099 with Aramark Entertainment, Inc. regarding a transfer of concession and alcohol services to Aramark in the Convention Center. Sale of Holiday Inn Select to Brighton Management, LLC. in accordance with Section 701 of the Disposition and Development Agreement between the City and John Q. Hammons Hotels. Joseph Phan, Brighton Management, made a computer presentation. Jim Foss, SMG, provided operating information regarding the facilities. Don Jaeger, President of the Visitors and Convention Bureau, spoke regarding facility services. ACTION TAKEN APPROVED AGR 94-59(3)/ RA 94-5(3) DEED 6119 AGR 04-221 AGR 03-099(1) Recess taken from 9:20 p.m. to 9:30 p.m. 14. Bakersfield, California July 21, 2004 - Page 10 NEW BUSINESS continued Motion by Councilmember carson to refer the issue to Budget and Finance Committee. Amended motion by Councilmember Benham to approve the Amendments to the Agreements, obtain appraisal of ballrooms, with the appraised value to be reimbursed through the Transient Occupancy Tax, tax increment and concessions, Brighton Management LLC's assent to "good faith and fair dealing" with vendors and with the issue of the ballroom appraisal to be referred to Budget and Finance Committee. MAYOR AND COUNCIL STATEMENTS Councilmember Hanson provided a letter from Crystal Flow and requested Recreation and Parks staff respond. Councilmember Carson requested the meeting by adjourned in honor of Carolyn Tyler, former pastor of Cain AME Church, who was recently consecrated the second female Bishop of the AME Church. Councilmember Sullivan requested an update regarding the condition of the alley behind Reeder St. Councilmember Sullivan requested an update regarding completion of the medians between Akers and New Stine. Public Works Director Rojas responded. Mayor Hall announced City Clerk's staff member Denise Sullivan will be recognized as a 'Local Hero' by the Susan G. Coeman Breast Cancer Foundation. There will be a luncheon at noon on Wednesday, July 28, a celebration at 5:00 p.m. at the local BMW dealership followed by a caravan to Fresno in Denise's honor. ACTION TAKEN 15. Bakersfield, California July 21, 2004 - Page 11 ADJOURNMENT Mayor Hall adjourned the meeting at 11:27p. m. ATTEST: CITY CLERK and Ex Officio ~(~'rk of the City of Bakersfield, California ACTION TAKEN ****PAGE INTENTIONALLY LEFT BLANK****