HomeMy WebLinkAbout10/12/05 CC MINUTES
127
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 12,2005
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
5:18 p.m.), Councilmembers Carson,
Benham, Couch, Sullivan (seated at 5:22
p.m.) Scrivner
Absent:
Council member Hanson
2. PUBLIC STATEMENTS
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Bill Avery, Labor Negotiator;
Closed Session pursuant to Government Code
Section 54957.6.
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Eugene Jackson v. City, et al
2. Michael L. Kephart, etc. v. City, et al
c. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)( 1 )(3)(A) of Government Code
Section 54956.9 (two items).
Mayor Hall adjourned the meeting to Closed Session at
5:17 p.m.
Motion by Vice Mayor Maggard to adjourn from Closed
Session at 6:38 p.m.
APPROVED
AB HANSON
12 ß
Bakersfield, California, October 12, 2005 - Page 2
RECONVENED MEETING - 6:45 p.m.
ACTION TAKEN
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Sullivan, Scrivner
Absent:
Councilmember Hanson
6. INVOCATION by Monsignor Michael Braun, Our Lady of
Perpetual Help.
7. PLEDGE OF ALLEGIANCE Shelbi and Shanel Castro, 6th
Grade Students Juliet Thorner School.
Mayor Hall recognized students from Bakersfield College
and Ridgeview High School government classes in
attendance at the meeting.
8. CLOSED SESSION ACTION
a. Conference with Bill Avery, Labor Negotiator; DIRECTION GIVEN
Closed Session pursuant to Government Code CITY MANAGER
Section 54957.6.
b. Conference with Legal Counsel - Existing Litigation; NO REPORTABLE
Closed Session pursuant to subdivision (a) of ACTION
Government Code Section 54956.9 regarding the
following cases:
1. Eugene Jackson v. City, et al
2. Michael L. Kephart, etc. v. City, et al
c. Conference with Legal Counsel - Potential NOT HEARD
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9 (two items).
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Art
Carlock, Chairman, Highway 99 Cruise n' Show,
proclaiming October 21-23, 2005, as "Fourth Annual
Highway 99 Cruise n' Show Days".
Art Carlock accepted the Proclamation and made
comments.
12 y
Bakersfield, California, October 12, 2005 - Page 3
9.
PRESENTATIONS continued
b. Presentation by Mayor Hall of
Commendation Certificate to Bakersfield
Police Reserve Lt. Jacque Miller for being
selected "Reserve Officer of the Year".
Lt. Miller accepted the Presentation and made
comments.
10. PUBLIC STATEMENTS
a. Cam Smith spoke regarding a new ball park.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 19, 2005
Special Joint City County Meeting and the
September 28, 2005 Regular City Council Meeting.
Payments:
b. Approval of department payments from September
16, 2005 to September 29, 2005 in the amount of
$11,323,765.51 and self insurance payments from
September 16, 2005 to September 29, 2005 in the
amount of $91,401.38.
Ordinances:
c.
Adoption of Ordinance adopting a Negative
Declaration and amending Section 17.06.020
(Zone Map 122-03) of Title 17 of the Municipal Code
by changing the zoning from R-1 (One Family
Dwelling) zone to PUD (Planned Unit Development)
zone on 81.18 acres to allow a single family home
development generally located on the southwest
corner of Stockdale Highway and South Renfro
Road. (File 05-0236) (FR 09128105)
ACTION TAKEN
ORD 4274
130
12.
Bakersfield, California, October 12, 2005 - Page 4
CONSENT CALENDAR continued
d.
Adoption of Ordinance adopting a Negative
Declaration and amending Section 17.06.020
(Zone Map 102-19) of Title 17 of the Municipal Code
by changing the zoning from PCD (Planned
Commercial Development) zone to Revised PCD
zone on 3.1± acres located on the northwest corner
of Calloway Drive and Meacham Road. (M.S.
Walker & Assoc/File 05-0735) (FR 09/28/05)
e.
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from A
(Agriculture) to E (Estate) on 82.5 acres located
along the north side of Snow Road, generally
between Allen Road and Calloway Drive. (Pacific
Engineering/Maurice Etchechury, on behalf of
James Etcheverry) (GPA/ZC04-0815) (FR 09128/05)
f.
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map 123-25 from R-1
(One Family Dwelling) to R-2 (Limited Multiple
Family Dwelling - 1 unit per 2.500 sq. ft.) on
2.04 acres located on the east side of Wible Road
approximately 200 ft. south of Berkshire Road.
(Kern Delta Land Development Corp.)
(GPA/ZC04-1704) (FR 09128/05)
g.
Adoption of Ordinance approving an amendment to
Title 17 of the Municipal Code and changing Zone
Map 123-29 by changing the zoning from A
(Agriculture) to M-1 (Light Manufacturing), R-1 (One
Family Dwelling). R-2 (Limited Multiple Family
Dwelling), MH (Mobile Home) and C-2/PCD
(Regional Commercial/Planned Commercial
Development) zones on approximately 300 acres
located south of Panama Lane to McCutchen Road,
west of Gosford Road to Progress Road. (Quad
Knopf, Inc./Gosford-Panama Partners, LLC)
(GPAlZC 04-0057) (FR 09/28105)
Resolutions:
h.
Resolution preliminarily approving Engineer's
Report and setting date for public hearing of
protests for Assessment District No. 05-1 (City in the
Hills).
ACTION TAKEN
ORD 4275
ORD 4276
ORD 4277
ABS SCRIVNER
ORD 4278
RES 227-05
131
Bakersfield, California, October 12, 2005 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
i. Resolution approving the updated Replacement RES 228-05
Housing Plan for the Old Town Kern Mixed- Use
Project.
j. Resolution approving the amended Relocation Plan RES 229-05
for the Old Town Kern Mixed-Use Project.
k. Resolution determining that playground equipment RES 230-05
and structure components for Campus Park North
cannot be obtained through the usual bidding
procedures and authorizing the Finance Director to
dispense with bidding therefore, not to exceed
$46,500.00).
L Resolution authorizing the Public Works Director or RES 231-05
his designee to execute Right-of-Way Certifications.
m. Resolution for annexation application proposing RES 232-05
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 481,
consisting of 127.39 acres located south of Panama
Lane to Berkshire Road, generally east of South
Union Avenue.
n. Resolution adding territory, Area 1-60 (Etchart, RES 233-04
Calloway 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.
o. Resolution adding territory, Area 4-33 (Reynard, RES 234-05
McKenna S) 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.
p. Resolution adding territory, Area 4-34 (Auburn, RES 235-05
Morning 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.
132
Bakersfield, California, October 12, 2005 - Page 6
12.
CONSENT CALENDAR continued
q.
Resolution adding territory, Area 4-40 (Oak, 19'h
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.
r.
Resolution of Intention No. 1364 to add territory,
Area 1-52 (Brimhall, DePetro N) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Agreements:
s.
Stockdale Highway Planned Sewer Area:
1. Resolution of Intention No. 1389 to establish
the Stockdale Highway Planned Sewer
Area and preliminarily approving the
boundaries of the area and the cost and fee
schedule.
2. First Reading of Ordinance amending
Section 16.32.060 of the Municipal Code
relating to Sewer Facilities.
t. Final Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreement with
Hosking Avenue Bakersfield Apartments,
LLC for Tract 6477 Phase 1, located north of
Hosking Avenue and west of Arkwood
Street.
2. Final Map with ADH Corporation for Tract
6232 Phase 3 located east of South Oswell
Street and south of Zephyr Lane.
3.
Improvement Agreement with Tom Carosella
and Lisa M. Carosella and Kern River
Partners, LLC for Parcel Map 11051 located
west of Calloway Drive and south of
Brimhall Road.
u.
Agreement with Muxlow Construction (not to exceed
$55,000.00 CDBG funds) to provide handicap
accessibility improvement services to qualified low-
income residents in privately owned structures.
L_
ACTION TAKEN
RES 236-05
ROl1364
DELETED
AGR 05-345
ABS MAGGARD
AGR 05-346
ABS MAGGARD
AGR 05-347
Bakersfield, California, October 12, 2005 - Page 7 133
12. CONSENT CALENDAR continued ACTION TAKEN
v. Amendment No.1 to Agreement No. 03-319 with AGR 03-319(1)
SMG and ESC Enterprises for concessions at the
Ice Sports Center and McMurtrey Aquatic Center.
w. Amendment NO.1 to Agreement No. 05-030 with AGR OS-030(1)
Delta Microlmaging ($60,000.00, amended
total $90,000.00) for document file conversion to
Laser Fiche.
x. Amendment NO.3 to Agreement No. 03-154 with AGR 03-154(3)
Naffa International ($25,000.00, revised
total $185,000.00) for commercial plan check
services.
y. Amendment NO.1 to Agreement No. 04-384 with AGR 04-364(1)
Loop Electric ($15,000.00, total amount $55,000.00)
for vehicle loop cutting at various intersections
within the City.
z. Amendment NO.2 to Agreement No. 02-218 with AGR 02-218(2)
Century Building Associates, LLC to lease an
additional 5,500 square feet of office space at 1600
Truxtun Avenue for the new Transportation Division
of the Public Works Department who will be working
on the highway projects funded by the federal
monies and will cost an additional $7,975/month
starting January 1, 2006, as provided for in the
lease amendment.
aa. Agreement with Dresser Services, Inc. ($50,000.00) AGR 05-348
for consultant services for on-call asbestos survey
reports.
bb. Amendments to Construction and Maintenance
Agreements with Union Pacific Railroad
(UPRR) and San Joaquin Valley Railroad (SJVR) to
modify language for the at-grade traffic signal
equipment to be consistent with the equipment listed
in the California Public Utilities Commission's Order
and the Plans and Estimates attached to the
agreements (no change to compensation amount).
1.
Amendment NO.1 to Agreement No. 05-123
for UPRR Sunset Branch at Harris Rd.
AGR OS-123(1)
2.
Amendment No. 1 to Agreement No. 05-124
for UPRR Buttonwillow Branch at
Mountain Vista Drive.
AGR OS-124(1)
134
Bakersfield, California, October 12, 2005 - Page 8
12.
CONSENT CALENDAR continued
Item 12.bb. continued
3.
Amendment No.1 to Agreement No. 05-125
for UPRR Buttonwillow Branch at Old
River Road.
4.
Amendment No.1 to Agreement No. 05-126
for UPRR Buttonwillow Branch at Akers
Road.
Bids:
cc. P Street Sewer Project, generally located on P
Street between the Kern Island Canal and 2nd
Street, and, on 2nd Street between Nand P Streets:
1.
Accept bid and award contract to Nicholas
Construction, Inc. ($238,114.00)
construction of P Street Sewers.
2. Transfer $27,114.00 project savings to the P
Street Sewers Project within the Capital
Improvement Budget of the CDBG Fund.
dd. Accept bids from Adamson Police Products (1770
items for $34,876.62) and Second Amendment
Sports (221 items for $888.83) for replacement duty
gear (leather goods) for the Police Department.
(Total of bids $35,765.45)
ee. Accept bid from Bakersfield Harley Davidson
($72,372.16) for four (4) replacement Police
Special motorcycles.
ft. Accept bid from Jim Burke Ford, Bakersfield
($33,700.11) for two (2) replacement mid-size
passenger vans.
gg. Accept bid from Jim Burke Ford, Bakersfield
($553,660.12) for twenty-five (25) replacement
four-door Police Special sedans.
hh. Accept bid from Jim Burke Ford, Bakersfield
($54,089.00) for four (4) replacement mid-size
sedans.
ii. Accept partial bids from TV Magic, Inc. ($19,174.00)
and Markertek Video Supply ($12,337.85) for
portions of the Digital Upgrade to the Video Replay
System for Rabobank Arena (Parts B & C). (Total of
bids $31,511.85)
ACTION TAKEN
AGR 05-125(1)
AGR 05-126(1)
AGR 05-349
135
Bakersfield, California, October 12, 2005 - Page 9
12.
CONSENT CALENDAR continued
Miscellaneous:
jj. Community Development Block Grant (CDBG)
Action Plan Amendment No. 12 (FY 01/02)
and Amendment No. 15 (FY 02/03).
kk. Centennial Transportation Corridor Project:
1. Appropriate $12,966,598.00 Federal
Demonstration Program funds to the Capital
Improvement Budget within the Federal
Transportation Projects fund.
2. Transfer and appropriate $3,241,650.00
Transportation Development fund balance to
the Capital Improvement Budget within the
Federal Transportation Projects Fund for
the City's local match.
II. Appropriate $277,760.00 Economic Development
Initiative (EDI) Federal Grant funds to the Capital
Improvement Budget within the Community
Development Block Grant Fund for the Baker Street
Streetscape Project.
mm. Appropriate $15,000.00 fund balance from the Old
Town Kern Pioneer Project area to the
Redevelopment Operating budget for consulting
services for the Village at Baker Street.
nn. Appropriate $180,000.00 fund balance from the Old
Town Kern Pioneer Project area to the
Redevelopment Capital Improvement budget for
acquisition of property located at 1001
Baker Street for the Baker Street Mixed Use Project.
00. Appropriate $400,000.00 additional park
development fees (zone 1) to the Capital
Improvement Budget within the Park Development
Fund for The Park at River Walk for
additional seating capacity and crowd control
fencing for major events.
Assistant City Clerk Gafford announced
correspondence has been from staff regarding items
12.j. and 12.mm.
Councilmember Scrivner announced a conflict of
interest on item 12.f and recused himself.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERA TION
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERA TION
136
Bakersfield, California, October 12, 2005 - Page 10
12.
CONSENT CALENDAR continued
Vice-Mayor Maggard announced a conflict of interest
on item 12.t. and recused himself.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.00. with the deletion,
at the request of staff of 12.s. and the removal of items
12.11., 12.mm., 12.nn. and 12.00. for separate
consideration.
Council member Benham announced she would
address items 12.11. through 12.nn. in the same
motion.
II. Appropriate $277,760.00 Economic Development
Initiative (EDI) Federal Grant funds to the Capital
Improvement Budget within the Community
Development Block Grant Fund for the Baker Street
Streetscape Project.
mm. Appropriate $15,000.00 fund balance from the Old
Town Kern Pioneer Project area to the
Redevelopment Operating budget for consulting
services for the Village at Baker Street.
nn. Appropriate $180,000.00 fund balance from the Old
Town Kern Pioneer Project area to the
Redevelopment Capital Improvement budget for
acquisition of property located at 1001
Baker Street for the Baker Street Mixed Use Project.
Motion by Councilmember Benham to approve items
12.11 through 12.nn.
00. Appropriate $400,000.00 additional park
development fees (zone 1) to the Capital
Improvement Budget within the Park Development
Fund for The Park at River Walk for
additional seating capacity and crowd control
fencing for major events.
Recreation and Parks Director Hoover provided a
presentation for item 12.00.
Councilmember Couch requested delay purchasing
proposed benches until an analysis of the cost
differential can be determined between benches with
backs versus those without and report back to Council.
Motion by Councilmember Couch to approve item
12.00.
ACTION TAKEN
APPROVED
AB HANSON
APPROVED
AB HANSON
APPROVED
AB HANSON
137
Bakersfield, California, October 12, 2005 - Page 11
13.
CONSENT CALENDAR HEARINGS
a.
Hearing to consider Resolution ordering the
vacation of the 20 ft. alley and the north 22.5 ft.
of 7'" Street between K and L Streets. (Staff
recommends adoption of resolution.)
Hearing to consider Resolution ordering the
vacation of portions of Comanche Road south of
Highway 178. (Staff recommends adoption of
resolution.)
b.
c.
Hearing to consider Resolution ordering the
vacation of a right of way of Feemster Street and
DeMaree Avenue. (Staff recommends adoplion
of resolution.)
Hearings opened at 7:26 p.m.
No one spoke.
Hearings closed at 7:26 p.m.
Motion by Vice-Mayor Maggard to approve Consent
Calendar Hearing items 13.a. through 13.c.
14. HEARINGS
a.
Continued Public Hearing to consider Resolution
amending the City's Sphere of Influence,
approval of updated Municipal Services Review and
adoption of Negative Declaration. (Continued from
8/17/05 & 9/28/05 meetings)
Development Services Director Grady gave a
presentation and made staff comments.
Hearing reopened at 7:39 p.m.
Brian Todd, Building Industry Association of Kern
County, spoke in support of the staff
recommendation.
Hearing closed at 7:43 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution,
approve the updated Municipal Services Review and
direct staff to make application to LAFCO to amend the
Sphere of Influence.
ACTION TAKEN
RES 237-05
RES 238-05
RES 239-05
APPROVED
AB HANSON
RES 240-05
APPROVED
AB HANSON
138
Bakersfield, California, October 12, 2005 - Page 12
15.
REPORTS
a. Report on Project TR (Thomas Roads) (Federal
Transportation Projects).
City Manager Tandy and Public Works Director
Rojas made staff presentations.
Motion by Vice-Mayor Maggard to accept the Report.
b. Overview of Ward Reapportionment Process.
Development Services Grady made a presentation
and introduced Assistant Planner Dave Dow who
provided an overview of avenues to accomplish
reapportionment.
Councilmember Scrivner referred the internal process
of reapportionment to the Legislative and
Litigation Committee.
16. MAYOR AND COUNCIL STATEMENTS
Council member
Department for
streets.
Benham commended the Streets
strides made in repaving and repairing
Councilmember Benham reiterated three previous
referrals and asked staff revisit and update responses
regarding the following:
· Train horn noise issue; staff to report on
website regarding the issue and to develop a
concise two paragraph informational sheet to
provide to public when inquiries are received
· USA Swim Team; staff to contact Mr. Ridgeway,
members of the swim community and other
cities to provide a more thorough report
· Streetlight request; staff to visit the area,
Spruce Street, one block north of Brundage,
after dark and evaluate the need for lighting
Councilmember Benham requested staff respond to an
inquiry regarding the feasibility of placing curb and
gutters along Brundage between H and Oak Streets
and provided contact information.
Councilmember Benham requested staff respond to a
complaint regarding code enforcement issues on
Orange Street, located in the Oleander area, and
provided contact information.
L
ACTION TAKEN
APPROVED
AB HANSON
139
Bakersfield, California, October 12, 2005 - Page 13
16.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Carson asked if staff received a letter from
Mark Salvaggio regarding a traffic signal. City Manager
Tandy responded.
Councilmember Carson thanked EDCD staff for
hosting a community meeting October dh at the Cain
AME Church regarding the South Mill Creek Project.
Additionally, she requested EDCD Director provide a
written response to questions posed by Graham K.
Eddy in a letter.
Councilmember Carson requested information regarding a
constituent requesting a second curb cut to accommodate
a circular driveway. Public Works Director Rojas
responded.
Councilmember Carson congratulated Jacquie on being
honored at the Bakersfield Business Conference.
Councilmember Carson made comments regarding
negative emails.
Councilmember Sullivan requested code enforcement
monitor conditions behind the Pet Smart store on Ming
Avenue for violations.
Councilmember Sullivan requested the Budget and
Finance Committee review the feasibility of providing
financial support for the Fox Theatre 7!f1' jubilee
anniversary.
Council member Sullivan made comments regarding the
Bakersfield Business Conference and thanked George
Martin and Borton, Petrini, Conron for providing the
conference for the past twenty-one years.
Councilmember Couch requested the Planning and
Development Committee address the streamlining of
the internal General Plan Amendment cycle process.
Council member Couch presented a tax bill from a recently
annexed property to City Manager Tandy which reflects a
two hundred thirteen dollar and seventy-four cent annual
savings.
Councilmember Couch requested staff approach the
City of Taft in order to facilitate a smooth process to
increase the Spheres of Influence for Taft and the City
of Bakersfield.
140
Bakersfield, California, October 12, 2005 - Page 14
ACTION TAKEN
16. MAYOR AND COUNCIL STATEMENTS continued
Councilmember Couch requested staff resend the
City's adopted policy regarding dairies to the County.
Council member Couch thanked staff for the traffic signal
and interim stop sign at Allen and Palm.
Council member Couch requested information regarding the
Adopt-a-Bench Program. Assistant City Manager
Christensen responded.
Councilmember Scrivner requested staff explore
options to enhance code enforcement staff.
Council member Scrivner expressed appreciation for the
honor of carrying the City of Bakersfield vote at the League
of California Cities Conference.
Vice-Mayor Maggard requested staff send thank you
letters to all involved in supporting the City's
acquisition of a permanent LAFco seat.
Vice-Mayor Maggard requested staff place the LAFco
representative appointment on the October 26 agenda.
Vice-Mayor Maggard requested staff determine
whether the Mt. Vernon street projects can avoid being
moved back to the next cycle.
Vice-Mayor Maggard requested staff arrange to meet
with the East Niles Community Services District in
order to resolve differences and plan for future growth.
Vice-Mayor Maggard requested staff research, in
conjunction with Don Jeagger, implementing a "Carrot
Festival".
Vice-Mayor Maggard requested staff provide a list of
criteria used last time redistricting boundaries were
revised.
Mayor Hall expressed appreciation to Donna Kunz, Charles
Webb and Dianne Hoover for helping provide staff for the
Mayor's Booth at the Bakersfield Business Conference and
made comments regarding the event.
Mayor Hall made comments regarding the return of the
Haunted Trail on October 29th at Yokuts Park.
141
Bakersfield, California, October 12, 2005 - Page 15
ACTION TAKEN
17 . ADJOURNMENT
Mayor Hall adjourned the m
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio
the Council of the City of Baker
142
*****THIS PAGE INTENTIONALLY LEFT BLANK*****