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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). --_._._- 608 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) 610 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. ----..-., 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. ~------._--- .~--- 614 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