Loading...
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. ---_.._-~---- - 4-14- r 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. 420 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 421 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 _....~-- 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