HomeMy WebLinkAbout10/06/04 CC MINUTES
413
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
OCTOBER 6, 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, Benham, Maggard, Sullivan, Salvaggio
Absent:
Hanson
2. REPORTSIWORKSHOP
a. Overview of Keep America Beautiful Activities.
John Enriquez introduced the Executive Director of Keep
California Beautiful, Marlene Merriani, who provided
backround and introduced G. Raymond Empson, President of
Keep America Beautiful.
Mayor Hall presented Mr. Empson with a key to the City.
b. Presentation by Mr. Bob Beehler, President, San Joaquin
Community Hospital, regarding Hospital update.
Mr. Beehler made comments regarding hospital
improvements.
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; City of Bakersfield v. City of Shafter.
Motion by Vice-Mayor Couch to adjourn to Closed Session at
5:28 p.m.
Motion by Vice-Mayor Couch to adjourn from Closed Session at
6:20 p.m.
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Bakersfield, California October 6, 2004 - Page 2
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Council members
Carson, Benham, Maggard, Sullivan, Salvaggio
Absent:
Hanson
5. INVOCATION by Pastor Charles R. Cournyea, Unity Church.
6. PLEDGE OF ALLEGIANCE by Kylie Weldin, 7th Grade Student at Norris
Middle School.
7. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; City of Bakersfield v. City of Shafter.
Mayor Hall recognized a Ridgeview High School government
class and a Bakersfield College political science class in
attendance at the meeting.
8. PUBLIC STATEMENTS
a. Joshua Joaquin Orizaga and and J. Edel Cazares spoke
regarding and Ag Jobs Resolution.
Councllmember Maggard requested Mr. Cazares' translated
statement be provided to Council.
9. APPOINTMENTS
None.
10. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 22, 2004 Council
Meeting.
ACTION TAKEN
NO
REPORTABLE
ACTION
10.
Bakersfield, California October 6, 2004 - Page 3
CONSENT CALENDAR continued
Payments:
b. Approval of department payments from September 10,2004
to September 23,2004 in the amount of $9,810,529.48 and
self insurance payments from September 10, 2004 to
September 23,2004 in the amount of $159,042.69.
Ordinances:
c.
Adoption of Ordinances amending Chapters 5.14, 5.50 and
5.56 of the Municipal Code relating to cabarets, taxicabs and
transient outdoor businesses.
Resolutions:
d. Changes to Salary Schedule and New Job Specification:
415
ACTION TAKEN
ORD 4214
ORD 4215
ORD 4216
1. Amendment NO.8 to Resolution No. 046-02 approving RES 046-02(8)
Memorandum of Understanding for employees of the
Blue and White Collar Units and adopting salary
schedule and related benefits for Aquatics
Maintenance Technician.
2. New Job Specification for Aquatics Maintenance
Technician.
e.
Resolution dedicating right of way for a right turn lane at
Jewetta Avenue and the 40 acre recreation/open space/water
recharge area at Jewetta and Stockdale.
f.
Resolution confirming the approval by the Assistant City
Manager of the report of the Chief Code Enforcement Officer
regarding assessments of certain properties for which
dangerous buildings have been demolished and authorize
collection of the assessments by the Kern County Tax
Collector.
g.
Resolution confirming the approval by the Assistant City
Manager of the report of the Chief Code Enforcement Officer
regarding assessments of certain properties for which
structures have been secured against entry or for the
abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County
Tax Collector.
h.
Resolution in Support of the Great Valley Center Route 99
Corridor Improvement Guide.
RES 268-04
REMOVED FOR
SEPARATE
CONSIDERA TION
REMOVED FOR
SEPARATE
CONSIDERA TlON
RES 271-04
416
[,
Bakersfield, California October 6, 2004 - Page 4
CONSENT CALENDAR continued
10.
i.
Resolution adding territory, Area 4-31 (Hwy. 58, Quantico NE)
to the Consolidated Maintenance District and confirming the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County
Tax Collector.
j.
Resolution of Intention No. 1348 to add territory, Area 5-13
(E.Belle Terrace, S. Oswell NW) to the Consolidated
Maintenance District and preliminarily adopting, confirming
and approving Public Works Director's Report.
Agreements:
k. Tract Maps and Improvement Agreements:
1.
Final Maps and Improvement Agreements with Centex
Homes for Tract 6118 Units 3, 4 and 5 located north
of Olive Drive and west of Old Farm Road.
2.
Final Maps and Improvement Agreements with Centex
Homes for Tract 6195 Units 1, 2, 3 and 4 located
north of Olive Drive and east of Allen Road.
3. Final Maps with ADH Corporation for Tract 6140
Phases 6 and 7 located south of State Route 58 and
west of South Sterling Road.
I.
Amendment No.1 to Agreement No. 03-314 with Muxlow
Construction to extend agreement for twelve (12) months
($55,000.00 increase, for a revised not to exceed
compensation amount of $11 0,000.00) for the Economic and
Community Development Department Home Accessibility
Program.
m.
Amendment NO.1 to Agreement No. 03-377 with Jim Alfter
Cement Contractor to extend agreement for twelve (12)
months ($700,000.00 increase, for a revised not to exceed
compensation amount of $1,059,000.00) for the Public Works
Department HUD Curb, Gutter and Sidewalks.
n.
Amendment No.2 to Agreement No. 03-182 with Krazan &
Associates, Inc., ($301,078.75 for total not to exceed
compensation clause of $550,000.00) for material testing
services for various construction projects for Fiscal Years
2003-04 and 2004-05.
ACTION TAKEN
REMOVED FOR
SEPARA TE
CONSIDERA TION
REMOVED FOR
SEPARATE
CONSIDERA TION
AGR 04-283
AGR 04-284
AGR 04285
AGR 04-286
AGR 04-287
AGR 04-288
AGR 04-289
AGR 04-290
AGR 04-291
AGR 03-314(1)
AGR 03-077(1)
AGR 03-182(2)
10.
Bakersfield, California October 6, 2004 - Page 5
CONSENT CALENDAR continued
o.
Amendment NO.4 to Agreement No. 00-174 ($40,000.00 for
a revised total compensation clause of $215,000.00) with T.
W. Collins Associates for On-call Inspection Services for
various construction projects.
p.
Amendment No.2 to Agreement No. 03-154 with Naffa
International ($50,000.00 for a revised contract amount of
$160,000.00) for commercial plan check services.
q.
Amendment NO.4 to Agreement No. 01-166 with Delta Micro
Imaging ($30,000.00, for a total contract amount of
$420,000.00) for document file conversion to Laser Fiche or
Micro Fiche formats.
r.
Amendment NO.1 to Agreement No. 99-9 with Jerry Randall,
sole proprietor dba Noriega House, regarding repayment of
economic development loan.
s.
Amendment NO.1 to Agreement No. 03-189 ($13,650.00, for
a revised not to exceed compensation clause of $224,750.00)
with Aquatic Design Services, Inc. for Jefferson Park Wet
Play Area.
Bids:
t.
Accept bid from HPS Mechanical, Inc. ($162,743.84) for
construction of the Coffee Road Waterline Tie-in for the
Water Resources Department.
u.
Accept bid to award annual contract to Granite Construction
Company (not to exceed budgeted amount of $1,500,000.00)
for street materials.
v. Accept bid from Jim Burke Ford ($112,669.34) for one (1)
replacement water truck for the Solid Waste Division of Public
Works.
w. Accept bid from Jim Burke Ford ($614,020.74) for twenty-
seven (27) replacement Police Special Sedans.
x. Accept bid from Jim Burke Ford ($39,651.21) for three (3)
replacement Mid Size Sedans (2 for Development Services
and 1 for Code Enforcement).
4. 1 7
ACTION TAKEN
AGR 00-174(4)
AGR 03-154(2)
AGR 01-166(4)
AGR 99-9(1)
AGR 03-189(1)
AGR 04-292
AGR 04-293
418
10.
Bakersfield, California October 6, 2004 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
y. Canal Culvert Improvements (S. Chester Avenue at Kern
Island Canal):
1. Accept bid to award contract to Affholder, Inc. AGR 04-294
($359,860.00).
z.
2. Transfer $290,000.00 savings from completed culvert
projects to this project within the Capital Outlay Fund.
3. Appropriate $36,000.00 Gas Tax Fund Balance to the
Capital Improvement Budget.
Accept bid to award contract to A-C Electric ($74,498.50) for
traffic signal and lighting installation at Buck Owens
Boulevard and Rio Mirada Drive.
aa.
Accept bid to award contract to Griffith Company
($1,919,732.00) to construct sewer line in Stockdale Highway
between Renfro Road and Allen Road.
Miscellaneous:
bb. Transfer and appropriate $3,469,373.00 Sewer Connection.
Fund balance to Sewer Plant 3 Fund operating budget to call
outstanding 1997 sewer revenue bonds.
cc. Maintenance District Services and Costs.
Motion by Vice-Mayor Couch to approved Consent Calendar
Items 10.a. through 10.cc., with the removal of Items 10.f., 10.g.,
10.i., and 10.}. for separate consideration.
f.
Resolution confirming the approval by the Assistant City
Manager of the report of the Chief Code Enforcement Officer
regarding assessments of certain properties for which
dangerous buildings have been demolished and authorize
collection of the assessments by the Kern County Tax
Collector.
Motion by Councllmember Carson to approve the Resolution.
AGR 04-295
AGR 04-296
APPROVED
AS HANSON
RES 269-04
APPROVED
AS HANSON
419
10.
Bakersfield, California October 6, 2004 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
g. Resolution confirming the approval by the Assistant City RES 270-04
Manager of the report of the Chief Code Enforcement Officer
regarding assessments of certain properties for which
structures have been secured against entry or for the
abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County
Tax Collector.
Motion by Councilmember Carson to approve the Resolution.
APPROVED
AS HANSON
i.
Resolution adding territory, Area 4-31 (Hwy. 58, Quantico NE)
to the Consolidated Maintenance District and confirming the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County
Tax Collector.
RES 272-04
Motion by Councilmember Carson to approve the Resolution of APPROVED
Intention. AS HANSON
j.
Resolution of Intention No. 1348 to add territory, Area 5-13
(E. Belle Terrace, S. Oswell NW) to the Consolidated
Maintenance District and preliminarily adopting, confirming
and approving Public Works Director's Report.
ROl1348
Motion by Councilmember Carson to approve the Resolution of APPROVED
Intention. AS HANSON
11. HEARINGS
a. Protest Hearing for proposed Assessment District No. 04-1
(CountrysidelThe Homestead/Cherry Hill/Olive Park III).
Public Works Director Rojas made staff comments.
Hearing opened at 6:49 p.m.
No one spoke.
Mayor Hall announced the hearing would be continued
October 20th Council meeting.
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Bakersfield, California October 6, 2004 - Page 8
11.
HEARINGS continued
ACTION TAKEN
b. Appeal Hearing to consider Resolution upholding the decision RES 273-04
of the Planning Commission, denying the appeal, amending
the condition concerning right-tum lanes, adopting the
Negative Declaration and approving Vesting Tentative Parcel
Map 11052 generally located on the north side of Stockdale
Highway between the Kem River Canal and Arvin-Edison
Canal alignments. (Appellant/Engineer: Mcintosh and
Associates/Subdivider: Castle & Cooke CA Inc.)
Staff comments by Development Services Director Jack
Hardisty.
Hearing opened at 6:50 p.m.
Roger Mcintosh, Mcintosh & Associates, spoke on behalf of
University Partners in favor of the staff recommendation.
Hearing closed at 6:53 p.m.
Motion by Vice-Mayor Couch to approve the Resolution and APPROVED
uphold the Planning Commission's decision denying the appeal. AS HANSON
c. Appeal Hearing to consider Resolution upholding the decision RES 274-04
of the Planning Commission, denying the appeal, adopting
the Negative Declaration and approving Vesting Tentative
Tract Map 6347 north of Highway 178 along the west side of
Alfred Harrell Highway. (Appellant: Sierra Club/Engineer:
Porter Robertson/Subdivider: Gaskill Homes)
Staff comments by Development Services Director Jack
Hardisty.
Hearing opened at 6:57 p.m.
Gordon Nipp, spoke on behalf of the Sierra Club, in
opposition to the staff recommendation.
Richard Monji spoke on behalf of Phillip L. Gaskill, Developer,
in favor of the staff recommendation.
Hearing closed at 7:00 p.m.
Motion by Vice-Mayor Couch to approve the Resolution and
uphold the Planning Commission's decision denying the appeal.
APPROVED
AS HANSON
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Bakersfield, California October 6, 2004 - Page 9
11.
HEARINGS continued
ACTION TAKEN
d.
Appeal Hearing to consider Resolution upholding the decision
of the Planning Commission, denying the appeal, adopting
the Negative Declaration and approving Vesting Tentative
Tract Map 6351 located on the southeast corner of Panama
Lane and Ashe Road. (Appellant: Sierra Club/Engineer:
Maurice EtchechurylSubdivider: G.L. Vanherweg & Old River
Land Co.)
CONTINUED TO
10-20-04
MEETING
Staff comments by Development Services Director Hardisty.
Hearing opened at 7:09 p.m.
Gordon Nipp, on behalf of the Sierra Club, provided handouts
and spoke in opposition to the staff recommendation.
Maurice Etchechury, on behalf of the developer G.L.
Vanherweg & Old River Land Co., requested the hearing be
continued.
APPROVED
Motion by Councllmember Sullivan to continue the hearing to AS HANSON
the October 20, 2004.
12. DEFERRED BUSINESS
a. Resolution upholding the decision of the Planning RES 275-04
Commission, denying the appeal, adopting the Negative
Declaration and approving Vesting Tentative Tract Map 6318
generally located south of Chase Avenue and east of Kern
Canyon Road (State Route 184). (Appellant: Sierra
Club/Engineer: Cornerstone Engineering/Subdivider: Arnold
& Vicki Young)
Development Services Director Hardisty made staff
comments.
Mike Callagy, Cornerstone Engineering made comments.
Motion by Councilmember Maggard to approve the Resolution
and deny the appeal.
APPROVED
AS HANSON
422
13.
Bakersfield, California October 6,2004 - Page 10
NEW BUSINESS
a. Fiscal Year 2004-05 Budget Restoration; Road Maintenance
and Workers Compensation Budget Adjustments.
1. Appropriate $1,500,000.00 ongoing General Fund
revenues to restore previous operating budget
reductions and positions.
2. Transfer and appropriate $280,350.00 one-time
General Fund balance to the Equipment Management
Fund, Public Works operating budget for police
vehicles.
3. Transfer and appropriate $1,500,000.00 Transient
Occupancy Tax Fund resources to the Capital Outlay
Fund, Capital Improvement Budget for road
maintenance.
4. Transfer $1,875,000.00 General Fund balance and
$1,700,000.00 other Fund balances to the Self
Insurance Fund for workers compensation unfunded
liability.
5. Approve policy to set aside future one-time eligible
monies as a priority for Street Maintenance as they
become available.
City Manager Tandy made staff comments.
Motion by Vice-Mayor Couch to approve the appropriations and
transfers and set aside future one-time eligible monies as a
priority for Street Maintenance.
b. Additional Fee Supported Positions for Development Services
Department:
1. Approval of six (6) fee supported positions (One (1)
Associate Planner, one (1) Building Inspector position
and four (4) Building Inspector positions) for the
Development Services Department.
2. Appropriate $657,425.00 additional Development
Services revenues to the Development Services
operating budget and transfer $100,000.00 to the
Equipment Fund for vehicles.
City Manager Tandy made staff comments.
Motion by Vice-Mayor Couch to approve additional positions,
appropriate monies and schedule hearing to amend the master
fee schedule.
ACTION TAKEN
APPROVED
AS HANSON
APPROVED
AS HANSON
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Bakersfield, California October 6, 2004 - Page 11
13.
MAYOR AND COUNCIL STATEMENTS
Councilmember Maggard thanked Bob Gorman for bring potholes to
the City's attention.
Councilmember Carson requested staff respond to a citizen's
letter regarding prerequisites for sidewalks; monitoring of code
enforcement issues and provided contact Information.
Councilmember Carson requested police provide enforcement
of speed limit on Lotus Lane.
Council member Carson requested clarification regarding Propositions
65 and 1A. City Manager Tandy responded.
Councilmember Carson requested staff investigate purchasing
electronic language Interpretation equipment.
Councilmember Benham requested police staff assistance in
responding to correspondence from a citizen in the Jefferson St.
area.
Councilmember Benham announced AB1009 was signed last week
by the Governor requiring Mexican trucks crossing the border into
California be held to Califomia emissions standards.
Councilmember Benham requested recommendations from the
Downtown Security Task Force be presented for endorsement
at the next Council meeting.
Councilmember Sullivan requested staff make extra effort to
inform the community of the change of time for Council
meetings.
Councilmember Sullivan made comments regarding
Propositions 65 and 1A and requested a speaker from the
League of California Cities be invited to the October 20'" Council
meeting to make a case for Council support of Proposition 1A.
Councilmember Sullivan requested staff repair a pothole at the
intersection of S. Halfmoon and Nutmeg.
Council member Salvaggio congratulated Development Services
Director Jack Hardisty on his impending retirement.
Councilmember Salvaggio thanked employees Stan Grady, Jack
Leonard, Kevin Barnes and Sal Moretti for their service to the City.
423
ACTION TAKEN
424
14.
Bakersfield, California October 6,2004 - Page 12
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Salvaggio requested staff begin Installation of
curbs, gutters and sidewalks on the north side of Ming A ve. east
of Valley Plaza and west of H St.
Councilmember Salvaggio requested graffiti removal on a
masonry wall on the north side of Panama Ln., east of Akers Rd.
at Windrltt; a slatted fence on the south side of Wilson Rd. from
Castro to Calvin and a small masonry wall at the same location.
Councilmember Salvaggio requested staff analyze the no-
parking policy on Motor Center Dr. and recommend a course of
action.
Councilmember Salvaggio requested Code Enforcement remove
a sign in a window at 1700 Custer Ave.
Councilmember Salvaggio requested staff respond to a letter
from Doria Ornelas and provided contact information.
Councilmember Salvaggio thanked staff for road repairs on Hughes
Ln.
Councilmember Salvaggio requested staff clean the siphon on
the west side of the corner at White Ln. and Hughes.
Councilmember Salvaggio stated in response to a recent newspaper
article, he does not deal in political favors and has no plans to run for
County Supervisor.
Vice-Mayor Couch complimented Development Services Director
Jack Hardisty on his outstanding service to the City.
ACTION TAKEN
Bakersfield, California October 6,2004 - Page 13
14.
MAYOR AND COUNCIL STATEMENTS continued
Vice-Mayor Couch stated for the record, "I was contacted about
a month ago, I'll say, by a gentleman who was interested in
annexation, in, for his neighborhood. Specifically he was
interested in sewer service and the feasibility of the City being
able to provide that. And the reason that I want to make, and I'm
making this, were this any other location in the City I wouldn't
make any comment about it really, it would be a rather, no I
wouldn't say routine but a question or an inquiry that we get on
occasion, but this is in what is known as the Olive Drive area.
And it's the area that we, or I should say the City, initiated an
annexation under an old set of laws and rules back In 1998. And
I just want to state for the record, I've spoken to Mr. Christensen
about this, who is our--Alan, what do they call you? You are
kind of the head of the annexation task force, is that the idea?
Well we have some policies here in the City of Bakersfield that
we've adopted subsequent to that, to 1998, and I just want to
assure everyone that we are going to follow those policies, and
we are going to adhere to those strictly and this Is something
that was a request from the community, from the neighborhood,
and so we'll meet with them on a rather informal basis at first
because that's allowed in our policy. And subsequent to that
we will have the more, more formal meetings, the--the public
meetings that require different types of noticing and that sort of
thing, so this is sort of, this will become more and more of a
story probably, maybe, maybe not, I don't know, but I didn't want
our Council to be surprised and have people possibly calling
you and saying, "What's the City up to again?" This iso-this is,
and I can assure you that this is at the request of a resident in
the Olive area. And we're not going after Olive Drive, but if
people are interested we want to give them the information and
how to become part of the City."
Vice-Mayor Couch requested Water Services Director Core keep
Council apprised of discussions between the Kern County Water
Agency and the City of Shafter.
Vice-Mayor Couch made comments regarding Movies in the Park and
presented a check for half the cost of the last event and
acknowledged the sponsorship provided by the Highway 99 Cruise
and Show.
Mayor Hall expressed appreciation to the Council for adopting the
Resolution supporting the Great Valley Center and Highway 99
Corridor Improvement Guide and to the City Manager and City
Attorney for aide in preparing the Resolution.
425
ACTION TAKEN
426
15.
Bakersfield, California October 6,2004 - Page 14
ADJOURNMENT
ATTEST:
CITY CLERK and Ex Offici
City of Bakersfield, California
ACTION TAKEN