HomeMy WebLinkAbout04/13/05 CC MINUTES
603
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 13, 2005
Council Chambers, City Hall,1501ìruxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard (seated at
5:20 p.m.) Council members Benham,
Couch, Hanson, Sullivan, Scrivner
Absent:
Councilmember Carson (seated at 5:40
p.m.)
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a.
Public Employee Performance Evaluation - City
Manager: Closed Session pursuant to
Government Code Section 54957.
APPROVED
Motion by Councilmember Couch to adjourn to Closed
Session at 5:34 p.m.
APPROVED
Motion by Councilmember Couch to adjourn from
Closed Session at 6:27 p.m.
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
5. INVOCATION by Reverend Madeline K. Elsea, Trinity United
Methodist Church.
6. PLEDGE OF ALLEGIANCE by Prnay Chopra, 6'h Grade
Student at SI. John's Lutheran School.
604
Bakersfield, California, April 13, 2005 - Page 2
Mayor Hall recognized Ridgeview High School and
Bakersfield College students attending the meeting.
7.
CLOSED SESSION ACTION
a. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957.
8. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Jim
Knapp, President, Bakersfield Association of
Realtors, and George Gonzales, City Economic
Community Development Department proclaiming
April, 2005, as "Fair Housing Month".
Mr. Knapp made comments.
b. Presentation by Mayor Hall of Proclamation to David
Taylor, Chairperson, Keep Bakersfield
Beautiful Committee, proclaiming April, 2005, as
"Keep Bakersfield Beautiful Month".
Mr. Taylor made comments.
City Manager Tandy announced Assistant Finance
Director, Nelson Smith will secede retiring Finance
Director Gregory Klimko on July 8, 2005.
9. PUBLIC STATEMENTS
None.
10. APPOINTMENTS
a. Two (2) appointments to the Bakersfield
Redevelopment Agency due to the expiration of
terms of Don Cohen and Robert Martinez, terms
expire April 22, 2005.
Mayor Hall nominated Don Cohen for re-
appointment.
Motion by Vice-Mayor Maggard to approve the re-
appointment of Don Cohen.
Mayor Hall nominated Robert Martinez for re-
appointment.
Motion by Vice-Mayor Maggard to approve the re-
appointment of Robert Martinez.
ACTION TAKEN
THE POSITIVE
EVALUA TION OF THE
CITY MANAGER HAS
CONCLUDED AND CITY
A TTORNEY WAS GIVEN
DIRECTION
APPROVED
APPROVED
Bakersfield, California, April 13, 2005 - Page 3
605
11.
CONSENT CALENDAR continued
Minutes:
a. Approval of minutes of the March 30, 2005 Council
Meeting.
Payments:
b. Approval of department payments from March 18,
2005 to March 31, 2005 in the amount of
$9,231,178.72 and self insurance payments from
March 18, 2005 to March 31, 2005 in the amount of
$209,018.06.
Ordinances:
c.
First Reading of Ordinance adding Section
16.16.110 to the Municipal Code relating to
approval of development entitlement conditioned on
indemnification of City.
d.
First Reading of Ordinance adding Section 2.28.120
to the Municipal Code relating to Planning
Department - general plan consistency findings.
e.
Adoption of Ordinance amending Chapter 15.72 of
the Municipal Code relating to Historic
Preservation Commission.
f.
Adoption of Ordinance amending Chapter 5.14 of
the Municipal Code relating to applications for and
renewal of cabaret permits.
g.
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-06 from
an A (Agriculture) to E (Estate) on 56.49.:t
acres, located on the southwest corner of Calloway
Drive and Etchart Road. (ZC04-1508)
(Applicant: Dewalt Corporation/Adavco).
Resolutions:
h.
Resolution authorizing the filing of an application
with the Kern Council of Governments for
allocation of Transportation Development Act funds
for Fiscal Year 2005-06 to be utilized for the
maintenance of the Bakersfield Amtrak Station
during said fiscal year.
ACTION TAKEN
FR
FR
ORD 4246
ORD 4244
ORD 4245
RES 080-05
606
Bakersfield, California, April 13, 2005 - Page 4
11.
CONSENT CALENDAR continued
i.
j.
Resolution adding territory, Area 4-38 (Columbus,
Haley SE) 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.
Resolution adding territory, Area 4-39 (14th, "Q" SW)
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.
k.
Resolution determining that two graffiti trucks cannot
be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to
dispense with bidding therefore, not to exceed
$70,000.00.
I. Sewer Connection Fee Assessments:
1.
Resolution confirming assessments for
sewer connection fees and authorizing the
collection of assessments by the Kern
County Tax Collector.
2.
Agreement with Estanislao Corona and
Cynthia Corona, 5100 Elysium Street, to
pay sewer connection fee in installments and
notice of special assessment lien.
3.
Agreement with Arturo Gutierrez and Gloria
Gutierrez, 6730 Lowry Street, to pay
sewer connection fee in installments and
notice of special assessment lien.
m.
Resolution authorizing access to sales and use tax
records pursuant to Revenue and Taxation Code
Section 7056.
ACTION TAKEN
RES 081-05
RES 082-05
RES 083-05
RES 084-05
AGR 05-133
AGR 05-134
RES 085-05
Bakersfield, California, April 13, 2005 - Page 5 607
11. CONSENT CALENDAR continued ACTION TAKEN
Agreements:
n. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements AGR 05-135
with GMAC Model Home Finance, Inc. AGR 05-136
and Lennar Homes of California, Inc. for
Tract 6313 located south of the Southern
Pacific Railroad Right of Way on the east
side of Buena Vista Road.
2. Final Map Improvement Agreements with AGR 05-137
Ennis Homes Inc. for Tract 6165 Unit 2 AGR 05-138
located south of Harris Road and east of
Akers Road.
o. Agreements to indemnify LAFCO for the following
annexations:
1. Annexation No. 440, Proceeding No. 1403- AGR 05-139
uninhabited territory located at the
southwest corner of Panama Lane and
Gosford Road (contains approximately 300
acres) .
2. Annexation No. 453, proceeding No. 1404- AGR 05-140
uninhabited territory located in two
areas as follows: north of Rosedale
Highway, east of Henry Lane (containing
1.56 acres) and east of Cottonwood Road,
generally south of Panama Lane (consists of
61.83 acres).
3. Annexation No. 459, Proceeding No. 1401 - AGR 05-141
uninhabited territory located south of
Brite Street (south of Highway 58) generally
located between Hughes Lane and
South H Street (consists of 2 acres).
4. Annexation No. 460, Proceeding No. 1411 - AGR 05-142
uninhabited territory located at the
southeast corner of Stine Road and McKee
Road (contains 15 acres).
5. Annexation No. 461, Proceeding No. 1405- AGR 05-143
uninhabited territory located at the
southwest corner of Reina Road and Allen
Road (contains 57 acres).
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Bakersfield, California, April 13, 2005 - Page 6
11.
CONSENT CALENDAR continued
Item 11.0. continued
6.
Annexation No. 469, Proceeding No. 1406-
uninhabited territory located at the
northwest corner of Brimhall and Calloway
(containing 7.6 acres).
Annexation No. 470, Proceeding No. 1409-
uninhabited territory located north of Taft
Highway, generally west of Stine Road
(contains 29 acres).
Annexation No. 471, Proceeding No. 1412-
uninhabited territory located at the
northwest corner of Allen Road and
Kratzmeyer Road (contains 80.:t acres).
Annexation No. 474, Proceeding No. 1414-
uninhabited territory located south of
McKee Road, generally east of Wible Road
(contains 15.:t acres).
Annexation No. 476, Proceeding No. 1408-
uninhabited territory located south of
Hosking Avenue, generally east of South
Union Avenue (contains 178 acres).
Annexation No. 177, Proceeding No. 1410-
uninhabited territory located north and
south of Taft Highway, generally between
Stine Road and Ashe Road (contains 187
acres) .
7.
8.
9.
10.
11.
p.
Fire Station and Police Substation on East White
Lane:
1. Agreement with RRM Design Group
($323,491.00) for design of the new Fire
Station and Police Substation on East White
Lane east of South Union Avenue.
2. Appropriate $52,767.00 Community
Development Block Grant Funds to the
Economic and Community Development,
Capital Improvement Budget for design
services.
3. Transfer $20,955.00 Community
Development Block Grant Funds from the
Economic and Community Development
Operating Budget to the Capital
Improvement Budget.
ACTION TAKEN
AGR 05-144
AGR 05-145
AGR 05-146
AGR 05-147
AGR 05-148
AGR 05-149
REMOVED FOR
SEPARATE
CONSIDERA TION
Bakersfield, California, April 13, 2005 - Page 7
609
11.
CONSENT CALENDAR continued
q.
Amendment NO.1 to Agreement No. 04-281 with
Nossaman, Guthner, Knox & Elliot, LLP
($30,000.00, total amount not to exceed
$90,000.00) for legal services in the matter of
critical habitat designation of Buena Vista Lake
shrew.
r.
Amendment NO.1 to Agreement No. RP05-005 with
Slater Plumbing & Mechanical, Inc. (not to exceed
$42,225.00) for additional plumbing work on Planz
Pool.
1. Appropriate $20,450.00 Park Improvement
Fund balance for additional plumbing
work on Planz Pool.
s.
Amendment NO.4 to Agreement No. 03-156 with
Gilliam & Sons, Inc. ($350,000.00 increase, for a
revised not to exceed amount of $1 ,420,000.00) for
earthmoving and hauling services.
I. Water Meters for the Water Resources Department:
1.
Amendment No. 1 to Agreement No. 04-098
with National Water Works
($285,000.00, for a revised not to exceed
amount of $570,000.00) to extend
agreement for twelve (12) months for water
meters.
2.
Amendment NO.1 to Agreement No. 04-099
with AMCO Water Metering Systems, Inc. to
extend agreement for twelve (12) months for
water meters.
u. Environmental Impact Report (EIR) Preparation for
Panama-Gosford Project:
Amendment NO.1 to Agreement No. 04-117
with Gosford-Panama Partners, LLC
($40,375.00) for the preparation of an EIR.
Amendment NO.1 to Agreement No. 04-118
with RBF Consulting ($40,375.00) to
prepare an EIR for GPAlZC 04-0057.
3. Appropriate $40,385.00 developer's
contribution to the development fund for the
Development Services operating budget.
1.
2.
__M~___.__
ACTION TAKEN
AGR 04-281(1)
AGR 05-151
AGR 03-156(4)
AGR 04-098(1)
AGR 04-009(1)
AGR 04-117(1)
AGR 04-118(1)
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Bakersfield, California, April 13, 2005 - Page 8
11.
CONSENT CALENDAR continued
Bids:
v.
Accept bid to award annual contract to Pavement
Recycling Systems, Inc. (not to exceed
$400,000.00) for cold planing for the Streets
Division.
w. Extend bid from Jim Burke Ford ($52,803.96) for
four (4) additional midsize two-wheel drive
pickups with extended cab option for Development
Services.
Miscellaneous:
x. Appropriate $105,000.00 Off Street Parking fund
balance to the Economic Development operating
budget for current fiscal year operation management
costs of the 18th & Eye Parking Structure.
y.
Quitclaim Deed with David M. and Maria H.
Mendoza of City's right, title and interest only in
and to the lands formerly occupied and/or
encumbered by the "Castro Ditch" real property
located on Alamo Street near Mona Way.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 11.a. through 11.y., with the removal of
item 11.p. for separate consideration.
p. Fire Station and Police Substation on East White
Lane:
1.
Agreement with RRM Design Group
($323,491.00) for design of the new Fire
Station and Police Substation on East White
Lane east of South Union Avenue.
2. Appropriate $52,767.00 Community
Development Block Grant Funds to the
Economic and Community Development,
Capitàl Improvement Budget for design
services.
3. Transfer $20,955.00 Community
Development Block Grant Funds from the
Economic and Community Development
Operating Budget to the Capital
Improvement Budget.
Motion by Councilmember Carson to approve the
Agreement and appropriate and transfer funds.
ACTION TAKEN
AGR 05-152
DEED 6213
APPROVED
AGR 05-150
APPROVED
Bakersfield, California, April 13, 2005 - Page 9
611
12.
CONSENT CALENDAR HEARINGS
a.
Hearing to consider Resolution ordering the
vacation of Progress Road between Harris Road
and Panama Lane.
Hearing opened at 7:01 p.m.
No one spoke.
Hearings closed at 7:02 p.m.
Motion by Councilmember Hanson to adopt the
Resolution.
13. HEARINGS
None.
14. REPORTS
a. Aquatic Safety Awareness Program Report.
Interim Recreation and Parks Director Christensen
and Recreation Supervisor Holly Larson made staff
comments, made a computer presentation and
provided handouts.
Councilmember Benham requested staff repeat the
presentation at the Boys & Girls Club.
15. NEW BUSINESS
a. Safe Roads Committee - County-wide Workshops.
Councilmember Couch, Council Representative to
KernCOG and Member of the Safe Roads
Committee, made comments, announced KernCOG
staff proposes to present possibly four workshops in
the City and solicited Council input in suggesting
dates and locations.
Councilmember Benham proposed May 18th, 19th
June 29th or 30th, at Bakersfield High School.
Council member Hanson proposed May 9'h through
June 5th.
Councilmember Carson suggested Casa Loma
School at a date to determined.
ACTION TAKEN
RES 086-05
APPROVED
612
Bakersfield, California, April 13, 2005 - Page 10
15.
NEW BUSINESS
Item 15.a. continued
ACTION TAKEN
Councilmember Scrivner proposed any May evening
and combining meetings with more than one Ward.
Councilmember Sullivan will provide availability after
consulting her calendar.
Mayor Hall offered his services.
Vice-Mayor Maggard requested staff contact the
Highland High School principal to determine
availability of the facility and requested an evening
in May. Additionally he requested staff be prepared
to discuss Hwy. 178 and the Fairfax Overpass.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham requested staff remove graffiti
from the top floor of Longfellow School at 3014
Union Ave and provided contact information for the
principal, who requested the service.
Counci/member Benham requested staff assist in
abating airport noise over the Quai/wood
neighborhood.
Councilmember Benham requested Public Works
Director Rojas contact her.
Councilmember Benham congratulated former
Development Services Director Jack Hardisty and his
family, as they welcomed the birth of his first grandchild.
Sierra Grace Hardisty.
Councilmember Hanson requested an update regarding
the GET bus stop in front of Stockdale High School.
Councilmember Hanson requested the Budget and
Finance Committee review a request from the
Bakersfield Symphony for funding assistance.
Councilmember Hanson requested Public Works staff
respond and keep him informed regarding Mark
Dewey's concerns about drainage issues and
West Ni/e Virus in his area.
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Bakersfield, California, April 13, 2005 - Page 11
613
16.
COUNCIL AND MAYOR STATEMENTS
ACTION TAKEN
Councilmember Scrivner requested the
Intergovernmental Relations Committee address
implementation of a joint City/County task force for the
purpose of addressing graffiti in the metropolitan area
and providing seamless service.
Councilmember Sullivan requested Real Rd., south of
Stockdale Hwy., from the Wildwest Shopping Center
south to Planz Rd., be placed on the list for street
reconstruction.
Councilmember Sullivan requested a pothole In front of
an apartment complex at 2700 Real Rd. be patched.
Additionally, she requested a pothole at the
intersection of Planz and New Stine in the northbound
lane of New Stine be filled.
Councilmember Sullivan requested staff be diligent in
disposing of animals killed in roadways.
Councilmember Carson thanked Chief Rector for the
Neighborhood Watch community meeting.
Councilmember Carson thanked Alan Abe for his
assistance in Dean Jones' absence during an event at the
MLK Center.
Councilmember Carson requested staff fill potholes on
L St. between Brundage Ln. and California Ave.
Councilmember Carson noted she had been invited to the
recent Special Council Meeting on graffiti.
Councilmember Couch requested the Legislative and
Litigation Committee investigate confiscating vehicles
whose owners are guilty of illegal dumping.
Councilmember Couch made comments regarding the
League of California Cities.
Vice-Mayor Maggard provided an update regarding
Specialist Michael Green.
Vice-Mayor Maggard requested staff formulate an
informational program, possibly in conjunction with the
County, regarding standing water and its
relationship to the West Nile Virus.
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Bakersfield, California, April 13, 2005 - Page 12
17.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Vice-Mayor Maggard requested staff enforce
prohibition of selling flowers on street corners,
particularly at the corner of Auburn and Oswell in the
northeast.
Vice-Mayor Maggard
information regarding the
billboard.
requested staff provide
legality of a truck mounted
Vice-Mayor Maggard requested the City Attorney's
Office issue a formal request that General Holdings
Company honor the City Parks and Trails plan by
opening trails on their property and request a response
from General Holdings Company by a date certain.
Vice-Mayor Maggard requested a meeting with the City
Attorney to discuss options to assure General
Holdings Company honors its commitments.
Mayor Hall requested clarification regarding avenues to
remove a dead horse from General Holdings
Company property. City Attorney Gennaro responded.
Mayor Hall complimented City Manager Tandy and
congratulated him on his performance.
18. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:37 p.m.
ATTEST:
L
CITY CLERK and Ex Officio CI k of
the Council of the City of Bakersfield