HomeMy WebLinkAbout07/20/05 CC MINUTES
31
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 20, 2005
Council Chambers, City Hall, 1501 Truxtun 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.) Councilmembers Carson
Benham, Couch, Hanson, Scrivner
Absent:
Sullivan
Motion by Councilmember Couch to add an item that
arose after the agenda posting to address a Resolution
confirming and supporting the development of 'f1'
Standard Road and water supply resources in the City
of Shafter as Deferred Business item 15.b.
APPROVED
AS MAGGARD,
SULLIVAN
2. PUBLIC STATEMENTS
None.
3. WORKSHOP
a. Mill Creek South.
City Manager Tandy made staff comments.
Economic and Community Development Services
Director Kunz introduced Lennar Homes
representatives Tom Dean and Guy Farris who
made a presentation.
Vice-Mayor Maggard requested staff explore ways to
assure communication is maintained between the City
and property owners in possible eminent domain
cases; additionally make concerted effort to see that
no property owner is financially harmed and the goal is
accomplished with minimal conflict.
b. Overview of Ward
City Clerk McCarthy announced item 3.b. will be
heard as Report item 14.b.
._----.,,',.>.,--
32
Bakersfield, California, July 20, 2005 - Page 2
4.
CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 - Eugene
Jackson v. City, et al.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9 (1
case).
c. Conference with Legal Counsel - Initiation of
Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9 (1 case).
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 6:00 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6:35 p.m.
RECONVENED MEETING - 6:43 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Scrivner
Absent:
Sullivan
6. INVOCATION by Pastor Chris Bennett, University Baptist
Church.
7. PLEDGE OF ALLEGIANCE by Lupe Vasquez Ortiz, 6th Grade
Student at Our Lady of Guadalupe.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 - Eugene
Jackson v. City, et al.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9 (1
case).
b.
ACTION TAKEN
APPROVED, AB
SULLIVAN
APPROVED, AB
SULLIVAN
A TTORNEY GIVEN
DIRECTION
NO REPORTABLE
ACTION
Bakersfield, California, July 20, 2005 - Page 3
33
8.
CLOSED SESSION ACTION continued
Conference with Legal Counsel - Initiation of
Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9 (1 case).
9. PRESENTATIONS
c.
a. Presentation by Mayor Hall of Key to the City to
SunCal Companies.
Frank Faye accepted the Key on behalf of SunCal
and made comments.
10. PUBLIC STATEMENTS
a. Pauline Larwood spoke regarding Open World and
introduced members of the Russian Federation of
the Friendship Force.
b. Francisca Garcia spoke regarding the Chandler
Ranch Development.
Councilmember Hanson requested staff obtain contact
information from Ms. Garcia.
c. Richard Compton, H & S Body Shop, spoke
regarding redevelopment in the downtown area and
provided written material.
Vice-Mayor Maggard requested staff obtain contact
information from Mr. Compton.
11. APPOINTMENTS
a. One appointment to the Keep Bakersfield Beautiful
Committee, due to the resignation of
Keith Stoller.
Motion by Coucilmember Carson to appoint Isaiah
Crompton to the vacancy created by Keith Stoller's
resignation.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 6, 2005 Regular
Council Meeting.
ACTION TAKEN
A TTORNEY GIVEN
DIRECTION
APPROVED,
AB SULLIVAN
-.-------
34
11.
--.---.--.
Bakersfield, California, July 20,2005 - Page 4
CONSENT CALENDAR continued
Payments:
b. Approval of department payments from June 24,
2005 to July 7,2005 in the amount of
$11,133,343.82 and self insurance payments from
June 24, 2005 to July 7, 2005 in the amount of
$298,792.40.
Ordinances:
c.
Adoption of Ordinance amending Chapter 15.32 of
the Municipal Code relating to the 2004 California
State Electrical Code.
d.
First Reading of Ordinance adopting a negative
declaration and amending Section 17.06.020
(Zone Map No. 104-17) of the Municipal Code by
changing the zoning from an R-1 (One Family
Dwelling) zone to a PUD (Planned Unit
Development) zone on 183.84 acres to allow
a gated street seniors development generally
located between Paladino and Panorama Drives,
Masterson Street and Vineland Road.
e.
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 102-05 from an A
(Agriculture) to E (Estate) on 98.7.:!, acres, located
on the southeast corner of Calloway Drive and
Etchart Road. (Applicant: SmithTech USA) (ZC 05-
0221).
Resolutions:
f.
Resolution approving the destruction of certain
obsolete City records, documents, instruments,
books and papers, pursuant to Government Code
Section 34090 et seq. (Public Works Dept.)
g.
Resolution determining that Fire radio
communications equipment cannot be obtained
through usual bidding procedures due to the need to
integrate into the existing City/County radio
infrastructure and authorizing the Finance Director
to dispense with bidding therefore, not to exceed
$305,000.00.
ACTION TAKEN
ORD 4261
FR
FR
RES 161-05
RES 162-05
Bakersfield, California, July 20, 2005 - Page 5 35
11. CONSENT CALENDAR continued ACTION TAKEN
h. Resolution ordering change of proceedings to RES 163-05
reduce assessments for parcels located in
Assessment District 04-2 (Brighton Parks/Brighton
Village/Stockdale at Allen Commercial/Cherry Hill
II).
i. Resolution approving Acquisition and Disclosure RES 164-05
Agreements for Assessment District No. 05-1 (City AGR 05-285
in the Hills) and authorizing changes thereto and
execution thereof.
j. Resolution adopting the Vantagecare Retirement RES 165-05
Health Savings Program for the employees
of the General Supervisory Group.
k. Resolution adding territory, Area 1-55 (Allen, RES 166-05
Noriega NW) 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.
I. Resolution adding territory, Area 3-31 (Stine, McKee RES 167-05
NW) 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.
m. Resolution adding territory, Area 3-34 (Harris, Mtn. RES 168-05
Vista 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.
Resolution adding territory, Area 5-17 (Berkshire, RES 169-05
n.
Hayden Hill) 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.
o. Resolution of Intention No. 1393 to add territory, RO/1393
Area 1-58 (Snow, Verdugo NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
- <.--." - <~--
36
-_..
Bakersfield, California, July 20, 2005 - Page 6
12.
CONSENT CALENDAR continued
p.
Resolution of Intention No. 1394 to add territory,
Area 3-35 (Hosking, 99 SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Agreements:
q. Final Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreement with
McMillin Albany, LLC, for Tract 6169,
Unit 2 located north of Panama Lane and
west of Progress Road.
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract
6250 Unit 4 located north of Stockdale
Highway and east of Allen Road.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6196 Unit 2 located north of Harris
Road and west of Mountain Vista Drive.
Final Maps and Improvement Agreements
with R B L Development, Inc. for Tract
6291 Phases 1 and 2 located on the west
side of Wible Road south of the Arvin
Edison Canal.
2.
3.
4.
5.
Final Maps and Improvement Agreements
with D R Horton Los Angeles Holding Co.
Inc. for Tract 6303 Units 1, 2, 3 and 4
located north of Harris Road and east of
Mountain Vista Drive.
ACTION TAKEN
RO/1394
AGR 05-263
AGR 05-264
AGR 05-265
AGR 05-266
AGR 05-267
AGR 05-268
AGR 05-269
AGR 05-270
AGR 05-271
AGR 05-272
AGR 05-273
AGR 05-274
AGR 05-275
AGR 05-276
AGR 05-277
37
Bakersfield, California, July 20, 2005 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
r. Agreement with TY Lin International ($234,120.00) REMOVED FOR
to provide design consultant services for White Lane SEPARA TE
at State Route 99 eastbound to southbound on- CONSIDERA TION
ramp reconstruction.
s. Design Services for Mt. Vernon Woodsite:
1. Agreement with T.J. Cross Engineers, Inc. AGR 05-279
($34,272.00) to provide design services
related to a power alternatives study for the
Mt. Vernon Woodsite.
2. Appropriate $40,000.00 from the refuse fund
reserve to the Public Works operating
budget.
t. Agreement with Rick Mararrey dba Kern County AGR 05-280
Slow-Pitch Softball (not to exceed $40,000.00) for
providing and scheduling umpires for the adult
softball program.
u. Reimbursement Agreement with ADH Corporation AGR 05-281
($150,000.00) to modify existing sewer main in
Zepher Road and temporary lift station.
v. Frontage Improvements on Knudsen Drive:
1. Reimbursement Agreement with Kyle Carter AGR 05-282
Customer Service, Inc. ($300,000.00) to
construct frontage improvement along the
west half of Knudsen Drive from the
northern boundary of Tentative Parcel Map
11010 to Olive Drive.
2. Appropriate $300,000.00 Transportation
Impact Fee to the Capital Improvement
budget for construction of frontage
improvements.
w. Annexation Agreement with LBREP/L-SUNCAL AGR 05-283
MCALLISTER RANCH LLC.
x. Amendment No. 1 to Agreement No. 04-217 with
Pestmaster Services. Inc. ($73,000.00, for a revised AGR 04-217(1)
not to exceed amount of $146,000.00) to extend
agreement for twelve (12) months for chemical
application on City property.
..-..---.....--
38
Bakersfield, California, July 20, 2005 - Page 8
12.
CONSENT CALENDAR continued
y.
Contract Change Order No.2 to Agreement No. 04-
338 with S.C. Anderson, Inc., (increase
compensation by $10,938.80) for the Park at River
Walk. (Building Improvement Contract)
z.
Contract Change Order No.3 to Agreement No. 04-
339 with S.C. Anderson, Inc. (increase
compensation by $3,616.62) for the Park at River
Walk. (Site Improvement Contract)
Bids:
aa.
Accept bid to award contract for Base Bid and
Additive Alternates B & D to HPS Mechanical
Inc. ($609,077.00) for the construction of Four Ditch
Pipeline Extension to L-208.
Miscellaneous:
bb. Appropriate $25,000.00 United States
Environmental Protection Agency grant funds to the
Public Works Department's operating budget within
the Refuse Fund for Dual Collection Refuse Truck
Pilot Program.
Report from Planning Commission regarding
subdivision tree requirements for new single
family homes and sidewalk design standards.
cc.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.cc. with the removal of
items 12.r. and 12.cc. for separate consideration.
r. Agreement with T.Y. Lin International ($234,120.00)
to provide design consultant services for White Lane
at State Route 99 eastbound to southbound on-
ramp reconstruction.
Motion by Councilmember Hanson to approve the
Agreement.
cc. Report from Planning Commission regarding
subdivision tree requirements for new single
family homes and sidewalk design standards.
Motion by Councilmember Couch to refer the Report to
the Planning and Development Committee.
ACTION TAKEN
CC02 AGR 04-338
CC03 AGR 04-339
AGR 05-284
DEED 6280
REMOVED FOR
SEPARA TE
CONSIDERA nON
APPROVED
AB SULLIVAN
APPROVED
AB SULLIVAN, BENHAM
APPROVED
AB SULLIVAN, BENHAM
NS HANSON
Bakersfield, California, July 20, 2005 - Page 9
39
13. HEARINGS
a.
Hearing to consider Resolution approving and
adopting an adjusted fee for the development
and improvement of parks within the City.
Assistant City Manager Stinson made staff
comments.
Hearing opened at 7:21 p.m.
No one spoke.
Hearing closed at 7:21 p.m.
Motion by Vice-Mayor Maggard to approve the
Resolution.
b.
Hearing to consider Resolution adopting fees
pursuant to the cost recovery program.
Assistant City Manager Stinson made staff
comments.
Hearing opened at 7:25 p.m.
No one spoke.
Hearing closed at 7:25 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution.
14. REPORTS
a. Presentation of the what and why of form based
zoning as a planning tool.
Development Services Director introduced Jim
Movius, Planning Director, who made a presentation
and provided handouts.
ACTION TAKEN
RES 170-05
APPROVED
AB SULLIVAN
RES 171-05
APPROVED
AB SULLIVAN
-_.-.-.-.....- .._--"
40
14. REPORTS continued
Bakersfield, California, July 20,2005 - Page 10
b. Overview of Ward Reapportionment Process and
Timeline.
Staff comments by Development Services Director
Grady.
15. DEFERRED BUSINESS
City Clerk McCarthy announceq the item added to
the agenda atter posting to address a Resolution
confirming and supporting the development of 7'h
Standard Road and water supply resources in the
City of Shatter, would be presented as Deferred
Business item 15.b
a. City Council Goals and Objectives.
City Manager Tandy made staff comments.
Motion by Vice-Mayor Maggard to approve the City
Council Goals and Objectives.
b.
Resolution confirming and supporting the
development of 7'h Standard Road and water supply
resources in the City of Shatter.
City Manager Tandy made staff comments.
Motion by Councilmember Couch to approve the
Resolution.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Scrivner requested the Legislative and
Litigation Committee review strengthening the
Fireworks Ordinance.
Council member Carson thanked Recreation and Parks
Director Hoover and staff for expeditiously repairing the
pool pump at MLK Park.
Councilmember Benham requested staff address an
issue at 1400 Easton Dr. and provided contact
information.
ACTION TAKEN
APPROVED
AS SULLIVAN
RES 172-05
APPROVED
AS SULLIVAN
Bakersfield, California, July 20, 2005 - Page 11
41
16.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Counci/member Benham requested staff notify a citizen
when the fireworks issue is to be addressed by the
Legislative and Litigation Committee and provided
contact information; additionally Chief Fraze to
communicate with his counterpart at the County Fire
Department to solicit city/county cooperation regarding
fireworks control and report to the Legislative and
Litigation Committee.
Counci/member Benham requested staff and the
Planning and Development Committee address issues
raised by County Planning Commissioner Ted Blockley
regarding collector streets.
Councilmember Benham requested staff meet with Dr.
Fuller from the Bakersfield City Schools to
discuss future City development within the
boundaries of the Bakersfield City School District
and provide a recommendation and report to
Council prior to the issue being addressed by the
Planning and Development Committee.
Counci/member Benham requested staff address a
citizen's concerns over garage sales and provided
contact information.
Councilmember Benham requested an update from the
Police Department regarding control of car audio on
Brundage.
Council member Benham thanked Sean Cacal for
coordinating expeditious handling of recent vandalism on
Union Ave.
Councilmember Hanson requested the Budget and
Finance Committee address a letter from Kay Meek on
behalf of the Bakersfield Museum.
Counci/member Hanson requested staff review
feasibility of implementing a hotline for weed
abatement; additionally requested staff abate weeds in
specific areas and provided contact information.
Councilmember Couch requested staff information
regarding cost effectiveness of taping street markings prior
to oiling streets versus replacing markers. Assistant
Public Works Director LaRochelle responded.
.-..---.-....- ..."--.
42
Bakersfield, California, July 20,2005 - Page 12
16.
COUNCIL AND MAYOR STATEMENTS continued
Councilmember Couch requested a status report
regarding the Fire JPA.
Councilmember Couch requested a meeting with the
Kern County Water Agency and Kern County Water
Bank Authority to discuss County concerns regarding
the Sphere of Influence increase.
Councilmember Couch requested staff make efforts to
complete the Treated Water Expansion Agreement
negotiations with California Water Service in order to
complete the pipeline to the northwest.
Councilmember Couch requested staff provide
information regarding a traffic signal at the intersection
of Old River and White Oak.
Vice-Mayor Maggard requested the fireworks issue be
placed on the agenda of the next Joint City/County
Meeting in a effort to attain consistent standards.
Vice-Mayor Maggard requested staff review the
feasibility of replicating the concept of Prescott
Arizona's town square.
Vice-Mayor Maggard requested an update regarding the
Mesa Marin ball fields.
Vice-Mayor Maggard requested staff provide an update
on the implications passage of the State budget will
have on the local level, particularly relating to the Hwy.
178 and Fairfax Interchange, Hageman Flyover and the
Kern River Parkway.
Councilmember Couch thanked those who wrote letters
supporting the City's bid to obtain a permanent seat on
LAFco, particularly the Greater Bakersfield Chamber of
Commerce and Debbie Marino, the Convention and
Visitor's Bureau and Don Jeager, Kern County Water
Agency, Delano City Council member Sam Ramirez,
George Martin, and Cheryl Wegman on behalf of the City of
Wasco.
ACTION TAKEN
1/551: ,
,-_.~_.._.- --
Bakersfield, California, July 20, 2005 - Page 13
15.
ADJOURNMENT
Mayor Hall adjourned the meeting at 8:25 p.m.
ATTEST:
L /:~
CITY CLERK and Ex cio Clerk of
the Council of the City of Bakersfield
43
ACTION TAKEN
44
*****PAGE INTENTIONALLY LEFT BLANK*****