HomeMy WebLinkAbout01/11/06 CC MINUTES
219
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 11, 2006
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,
Council members Carson (seated at 5:20
p.m.) Benham, Hanson, Sullivan (seated at
5:20 p.m.), Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Labor Negotiator, Bill Avery,
pursuant to Government Code Section
54957.6.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One case)
22r
Bakersfield, California, January 11, 2006 - Page 2
4.
CLOSED SESSION
c. Conference with Legal Counsel - Existing Litigation:
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
1. Elizabeth Ann Peel, et al v City, et al
2. Roxanne Ayala, et al v K. C. Environmental
Health, et al
3. Victoria Rosales, etc v City, et al
4. Gloria Navarro, et al v City, et al
5. Oxy Resources, LLC v City, et al (Rosedale
Ranch)
6. Sierra Club v City, City Council, et al
(Rosedale Ranch)
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:17 p.m.
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6:28 p.m.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Council members Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Reverend Mark J. Lawrence, St. Paul's
Episcopal Parish.
7. PLEDGE OF ALLEGIANCE by Janet Herrera, 3rd Grade
Student at Horace Mann School.
8. CLOSED SESSION ACTION
a.
Conference with Labor Negotiator, Bill Avery,
pursuant to Government Code Section
54957.6.
b.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One case)
ACTION TAKEN
APPROVED
APPROVED
NO REPORTABLE
ACTION, NEGOTIA TOR
GIVEN DIRECTION
NO REPORTABLE
ACTION
Bakersfield, California, January 11, 2006 - Page 3
?2 .
,- 1
8.
CLOSED SESSION ACTION
ACTION TAKEN
c. Conference with Legal Counsel - Existing Litigation:
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
1.
Elizabeth Ann Peel, et al v City, et al
ATTORNEY GIVEN
DIRECTION
2.
Roxanne Ayala, et al v K. C. Environmental
Health, et al
Victoria Rosales, etc v City, et al
NO REPORTABLE
ACTION
3.
NO REPORTABLE
ACTION
4.
Gloria Navarro, et al v City, et al
NO REPORTABLE
ACTION
5.
Oxy Resources, LLC v City, et al (Rosedale
Ranch)
NO REPORTABLE
ACTION
6. Sierra Club v City, City Council, et al
(Rosedale Ranch)
PUBLIC STATEMENTS
NO REPORTABLE
ACTION
9.
a. Larry Moxley spoke regarding a contract extension
for Kern Refuse Disposal I nc.
Vice-Mayor Maggard requested the Budget and Finance
Committee address the issue and inform Mr. Moxley
when the meeting will be held.
10. PRESENTATIONS
None.
11. APPOINTMENTS
a. One (1) appointment to Handicapped Access
Appeals Board due to the resignation of Aaron
Lewis.
Motion by Vice-Mayor Maggard to appoint Scott Rice to
the Handicapped Access Appeals Board.
APPROVED
222
Bakersfield, California, January 11, 2006 - Page 4
11.
APPOINTMENTS continued
ACTION TAKEN
b. One (1) appointment to the Board of Directors of the
North Bakersfield Recreation and Park District, due
to the expiration of term of Laura Whitaker, term
expired January 1, 2006.
City Clerk McCarthy announced three
applicants for the position, Robert Blakemore,
Robert Halterman and William O'Rullian
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Blakemore
Blakemore
Blakemore
Blakemore
Blakemore
Blakemore
Blakemore
APPROVED
Motion by Vice-Mayor Maggard to appoint Robert
Blakemore to a four year term expiring January 1, 2010.
c. One (1) alternate appointment to the Local Agency
Formation Commission (LAFCO) due to the
adoption of Senate Bill 967.
Motion by Vice-Mayor Maggard to appoint himself to
the alternate position on the Local Agency
Formation Commission (LAFCO) created by the
adoption of Senate Bill 967.
APPROVED
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the December 14, 2005
Regular City Council Meeting.
Payments:
b. Approval of department payments from December
2, 2005 to December 29, 2005 in the
amount of $18,048,454.56 and self insurance
payments from December 2, 2005 to
December 29,2005 in the amount of $392,860.00.
12.
223
Bakersfield, California, January 11, 2006 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
c.
First Reading of Ordinance adopting a negative
declaration and amending Section 17.060.020
(Zone Map NO.1 04-07) of Title 17 of the Municipal
Code by changing the zoning from RS-2 Y2 acre
(Agriculture-2 Y2 acre minimum lot) to R-1 (One
Family Dwelling) on 20 acres for purposes of
residential development, and from RS-2 Y2 acre to
C-2 (Regional Commercial) on 20 acres, generally
located on the north side of Paladino Drive,
approximately 14 mile east of Morning Drive.
(Applicant: Marino & Assoc.) (File 05-0341)
FR
d.
First Reading of Ordinance adopting a negative
declaration and amending Section 17.06.020
(Zone Map NO.1 03-24) of Title 17 of the Municipal
Code by changing the zoning from an R-2 (Limited
Multiple Family Dwelling) to an R-1 (One Family
Dwelling) on .19 acres generally located on the
north side of Highland Knolls Drive, approximately Y2
mile east of Fairtax Road. (Applicant: Mcintosh &
Assoc.) (File 05-1283)
FR
e.
Adoption of Ordinance approving a Negative
Declaration and amending Section 17.06.020
(Zone Map NO.1 04-08) of Title 17 of the Municipal
Code by changing the zoning from A
(Agriculture) to R-1 (One Family Dwelling) on 39.09
acres generally located at the northwest
corner of Valley Lane and Bella Drive (File No. 05-
0531).
ORD 4298
I.
Adoption of amendments to various Ordinances
relating to development standards:
ORD 4299
ORD 4300
ORD 4301
ORD 4302
ORD 4303
ORD 4304
ORD 4305
ORD 4306
1. Final Tract Maps
2. R-1 One-Family Dwelling Zone
3. R-2 Limited Multiple Family Dwelling Zone
4. R-3 Limited Multiple Family Dwelling Zones
5. R-4 Multiple Family Dwelling Zone
6. PUD Planned Unit Development Zone
7. PCD Planned Commercial Development
Zone
8. Signs
224
12.
Bakersfield, California, January 11,2006 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
Resolutions:
g. Memorial Grove Project:
Resolution approving Notice of Exemption
from the California Environmental Quality
Act (CEQA) compliance for the Memorial
Grove Project located at the west side of
Manor Street just south of the Kern River.
2. Appropriate $2,000.00 fund balance to the
Recreation and Parks Department
Operating Budget.
RES 001-06
1.
h.
REMOVED FOR
SEPARATE
CONSIDERATION
Emergency repairs to a portion of the 42 inch sewer
main line at the intersection of Mt. Vernon Avenue
and Brundage Lane:
1. Resolution dispensing with bidding
procedures due to emergency cleanup
required for sewer spill, not to exceed
$660,000.00.
2. Appropriate $660,000.00 from the Sewer
Enterprise Fund to the Public Works
Capital Improvement budget.
i. Engine/generator replacement at Wastewater
Treatment Plant 2:
1.
REMOVED FOR
SEPARATE
CONSIDERA TION
Resolution dispensing with bidding
procedures due to emergency replacement
of existing engine/generator and for service,
support, and maintenance costs, not to
exceed $700,000.00.
J.
2. Appropriate $700,000.00 from the Sewer
Enterprise Fund to the Public Works
Department operating budget.
Amendment No. 14 to Resolution No. 44-93 setting
salaries and benefits for the Temporary Unit-
Recreation & Parks Positions.
RES 44-93(14)
k.
Resolution ordering the summary vacation of 26 foot
wide private access easement located at the
southwesterly corner of Westwind Drive and 19th
Street (Parcel A of Parcel Map Waiver 25-91).
RES 004-06
Bakersfield, California, January 11, 2006 - Page 7 225
12. CONSENT CALENDAR continued ACTION TAKEN
I. Resolution ordering the summary vacation of the 25 RES 003-06
foot alley between Stine Road and Surnmertield
Drive, from the south right of way of Maybrook
Avenue to the north right of way of Panama Lane
(Parcel Map 5702).
REMOVED FOR
m. Resolution ordering the summary vacation of the SEPARATE
future street at Filson Street, east of Hale Street CONSIDERA nON
(Tract Map No. 1443).
n. Resolution of Intention No. 1410 to amend the ROl1410
Hageman Road Planned Major Thoroughfare
Area and preliminarily approving an increase in the
cost and fee schedule for the Hageman Road
Planned Major Thoroughfare Area.
o. Resolution of Intention No. 1414 to add territory, ROl1414
Area 1-62 (Etchart, Verdugo NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
p. Resolution of Intention No. 1420 to add territory, ROl1420
Area 3-42 (Old River, Panama SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
q. Resolution of Intention No. 1421 to add territory, ROl1421
Area 3-43 (Pensinger, Windermere N) to
the Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report.
r. Resolution of Intention No. 1422 to add territory, ROl1422
Area 3-44 (Old River, Panama NE) to the
Consolidated Maintenance District and preliminariiy
adopting, confirming and approving Public Works
Director's Report.
s. Resolution of Intention No. 1423 to add territory, RO/1423
Area 4-43 (Valley, Bella NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
226
12.
Bakersfield, California, January 11,2006 - Page 8
CONSENT CALENDAR continued
ACTION TAKEN
t.
Resolution of Intention No. 1425 to add territory,
Area 1-64 (Jenkins, Palm NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving
Public Works Director's Report.
ROl1425
u.
Resolution of Intention No. 1426 to order the
vacation of the public utilities easements on a
portion of 36th Street, west of Chester Avenue.
ROl1426
v.
Resolution of Intention No. 1427 to add territory,
Area 2-31 (Taylor, Hunter SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
ROl1427
w. Resolution of Intention No. 1429 to order the
vacation of 22"d Street between V Street and
Golden State Highway.
ROl1429
Agreements:
Final Tract Map and Improvement Agreement with
McMillin Cardona Crossing, LLC for Tract 6006
Phase 6 located north of McKee Road and west of
State Route 99.
Transportation Impact Fee Agreement with
Evergreen-Panama & Wible LLC for improvements
on the southwest corner of Panama Lane and Wible
Road ($45,824.00 estimated impact fee credit).
z. Amendments to Agreements with Marderosian,
Runyon, Cercone, Lehman & Armo for
outside legal services:
AGR 06-{)01
x.
y.
AGR 06-{)02
1.
Amendment NO.1 to Agreement No. 05-198
($75,000.00, total not to exceed
$150,000.00) for Roxanne Ayala, et al v City,
et al.
AGR05-198
2.
Amendment NO.1 to Agreement No. CA05-
024 ($125,000.00, total contract not to
exceed $150,000.00) for Gloria Navarro, et
al v City, et al.
Amendment No.1 to Agreement No. CA05-
021 ($125,000.00, total contract not to
exceed $150,000.00) for Victoria Rosales, et
al v City, et al.
AGR 06-{)04
AGR06-{)03
3.
Bakersfield, California, January 11,2006 - Page 9
227
ACTION TAKEN
12.
CONSENT CALENDAR continued
AGR 06-005
aa.
bb.
cc.
dd.
ee.
Bids:
Agreement with Ernest M. Solano, Ph.D. (base
monthly retainer of $2,500.00 and $350.00 per
psychological screening exam) for psychological
screening services for 2 years.
Amendment NO.7 to Agreement No. 98-222 with
HTE, Inc. ($158,225.14) for service support of
licensed software.
AGR 98-222(7)
Amendment NO.1 to Agreement No. 04-384 with
Loop Electric ($40,000.00, for a revised not to
exceed amount of $80,000.00 and extending the
term for additional one year period) for vehicle loop
cutting.
AGR 04-384(2)
Amendment NO.1 to Agreement No. 04-032 with
Kenneth D. Schmidt and Associates ($73,000.00 for
a revised not to exceed amount of $122,400.00) for
groundwater monitoring and reporting for
Wastewater Treatment Plants 2 & 3 and 1-5 Farm.
AGR 04-032(1)
Amendment NO.2 to Agreement No. 04-217 with
Pestmaster Services, Inc. ($75,000.00, for
a revised not to exceed amount of $221 ,000.00) for
chemical application.
AGR 04-217(2)
fl. Accept bid from McKee Electric Company
($39,600.00) for voice and data wiring for the third
floor of the Borton Petrini Building. (Thomas Roads)
gg. Accept bid from Hi Standard Automotive
($44,776.18) for replacement lightbars and sirens.
hh. Accept bid from Higgins & Associates
($125,045.047) for park benches at The Park at
Riverwalk.
ii. CNG-powered street sweeper for the Solid Waste
Division of the Public Works Department
1. Accept bid from Kelly Equipment
($240,030.86) for one (1) CNG-powered
street sweeper.
2. Appropriate and transfer $1 06,000.00 from
the Refuse Service Fund to the Equipment
Management Fund for said purchase.
228
Bakersfield, California, January 11, 2006 - Page 10
12.
CONSENT CALENDAR continued
ACTION TAKEN
jj. 2004/2005 Federal Funded Resurtacing Various
Streets Project:
1.
AGR06--006
Accept bid to award contract to Griffith
Company ($1,095,764.00) for the
construction of the project.
2. Transfer $230,000.00 ISTEA and transfer
$30,000.00 GTF.
kk. 34'h Street and San Dimas Street Storm Drain
Project:
1.
AGR 06--007
Accept base bid to award contract to Griffith
Company ($586,762.00) for construction
of the project.
2. Appropriate $350,000.00 Sewer Enterprise
Fund balance to the capitallmprovment
budget within the Sewer Enterprise Fund.
II. Enos Lane Parking Lot Landscaping & Irrigation
Project:
1. Accept bid and award contract to Brown &
Fowler Construction ($131,868.00) for the
construction of the project.
2. Appropriate $40,000.00 fund balance to the
Water Resources Department Capital
Improvement Budget within the Agriculture
Water Fund.
AGR 06--008
Miscellaneous:
mm. Appropriate $38,374.00 Fund Balance to the
Redevelopment Operating Budgets
(Southeast $11 ,512.00; OTK $6,140.00 and
Downtown $20,722.00) for the Bakersfield
Redevelopment Agency Statewide share for
Education Revenue Augmentation Fund (ERAF)
FY 2005-06.
nn. New law (AB1234) regarding Council
Compensation.
Bakersfield, California, January 11, 2006 - Page 11
229
12.
CONSENT CALENDAR continued
ACTION TAKEN
City Clerk McCarthy announced correspondence
was received from staff making changes to item
12.dd.
Motion by Vice-Mayor Maggard approve Consent
Calendar items 12.a. through 12.nn., with changes
to item 12.dd., and removal of items 12.h., 12.i, and
12.m. for separate consideration.
APPROVED
h. Emergency repairs to a portion of the 42 inch sewer
main line at the intersection of Mt. Vernon Avenue
and Brundage Lane:
1. Resolution dispensing with bidding
procedures due to emergency cleanup
required for sewer spill, not to exceed
$660,000.00.
2. Appropriate $660,000.00 from the Sewer
Enterprise Fund to the Public Works
Capital Improvement budget.
Motion by Councilmember Couch to approve the
Resolution and appropriate funds.
APPROVED
i. Engine/generator replacement at Wastewater
Treatment Plant 2:
Resolution dispensing with bidding
procedures due to emergency replacement
of existing engine/generator and for service,
support, and maintenance costs, not to
exceed $700,000.00.
2. Appropriate $700,000.00 from the Sewer
Enterprise Fund to the Public Works
Department operating budget.
1_
RES 003-06
Motion by Councilmember Hanson to approve the
Resolution and appropriate funds.
APPROVED
Resolution ordering the summary vacation of the
future street at Filson Street, east of Hale Street
(Tract Map No. 1443).
Motion by Councilmember Carson to approve the
Resolution.
RES 006-06
m.
APPROVED
13. CONSENT CALENDAR HEARINGS
a. None.
230
Bakersfield, California, January 11, 2006 - Page 12
14.
HEARINGS
ACTION TAKEN
None.
15. REPORTS
a. Planning and Development Committee Report on
Streamlining the General Plan Amendment
Cycle and Review Process.
Assistant City Manager Stinson made staff
comments.
Motion by Councilmember Benham to accept the report
and to implement the recommendations.
APPROVED
16. DEFERRED BUSINESS
a. Resolution approving proposed changes to ward
boundaries. (Ward Reapportionment)
City Manager Tandy made staff comments and gave
a presentation assisted by Assistant Planner David
Dow.
Motion by Councilmember Hanson to approve Option
#25.
WITHDRA WN
Mayor Hall announced the Ward Boundary issue will
be continued to the next meeting.
Cooperative Agreement with State of California
Department of Transportation (Cal Trans) for
the Thomas Road Program.
Staff comments by City Manager Tandy.
b.
AGR 06-009
Motion by Vice-Mayor Maggard to approve the
Agreement.
17.
NEW BUSINESS
APPROVED
None.
Bakersfield, California, January 11, 2006 - Page 13
231
18.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
Councilmember Scrivner requested staff investigflte
the use of sealant for tables and benches at the Park at
Riverwalk to expedite graffiti removal and provide an
update; additionally staff to provide information
regarding utilization of surveillance cameras in the
common areas of the park.
Councilmember Scrivner requested staff prepare a
Powerpoint presentation on the number of calls
received on the graffiti and pothole hotlines and
compare abatements and repairs to last year.
Councilmember Scrivner requested the Police
Department research the feasibility of providing an
increased presence at Valley Plaza through the use of
high visibility patrols, gang enforcement sweeps,
continued beat officer assignments, mutual agency
intelligence operations, and on going community
awareness without substantially impacting available
resources.
Council member Scrivner made comments regarding his
attendance at a recent Kern County Human Relations
Committee meeting regarding an incident at the Sikh
Temple in Ward 7 and requested Police Chief Rector
make comments; additionally requested the Chief provide
information regarding enforcement for the park at Harris
and Akers due to increased vandalism. Chief Rector
responded.
Council member Hanson expressed appreciation to
Recreation and Parks Director Hoover for the successful
initiation of the Polar Bear Plunge at the McMurtrey
Aquatics Center on New Year's Day.
Councilmember Hanson requested staff provide an
update to Council regarding traffic light
synchronization.
Councilmember Hanson requested staff respond to a
letter to the Californian regarding police staffing.
Councilmember Hanson requested additional
enforcement of speed limit laws in the area of Ashe and
Harris roads during afternoon hours.
Councilmember Hanson requested staff respond to a
letter from Mrs. Gibson regarding dog parks.
232
Bakersfield, California, January 11, 2006 - Page 14
ACTION TAKEN
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Hanson requested staff respond to a
letter from Mr. Vagel who volunteered to man a City
provided pressure wash truck to abate graffiti in the
Silver Creek neighborhood.
Council member Hanson made comments regarding train
parking.
Councilmember Carson made comments regarding the
recent shooting at Valley Plaza and the resulting
emergency meeting of the Ad Hoc Committee on Crime;
expressed appreciation for everyone attending the meeting
and requested Chief Rector provided an update regarding
the event. Chief Rector responded.
Councilmember Carson noted Martin Luther King Jr. Day
will be celebrated Monday, January 16,2005, and made
comments regarding planned events.
Councilmember Benham requested staff repair non-
working street lights at the corner of 4"' and
Chester.
Councilmember Benham requested Recreation and
Parks staff contact the Trust for Public Land; ascertain
what assistance the organization can provide in
accomplishing Council Goals and report findings to
Council.
Council member Benham made comments regarding West
Side Story being presented by the Bakersfield Music
Theatre at Harvey Auditorium January 21,22 and 28.
Councilmember Sullivan made comments regarding the Ad
Hoc Committee on Crime.
Councilmember Sullivan made comments regarding the
incident at the Sikh Temple.
Council member Sullivan made comments regarding the
Park at Riverwalk.
Councilmember Sullivan requested Recreation and
Parks Director Hoover provide a report to the
Community Services Committee regarding
recommendations for types of plants and landscaping
to be used near walls to discourage graffiti.
Bakersfield, California, January 11, 2006 - Page 15
23-3
18.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Sullivan requested Karen Bennett from
the Police Department present to the next Community . ,
Services Committee meeting information regarding
implementing a Graffiti Neighborhood Watch program.
Councilmember Sullivan requested additional
enforcement of speed laws in the vicinity of Ming Ave.
and Valhalla.
Council member Couch made comments regarding the
shooting incident at Valley Plaza.
Council member Couch submitted a check to the City for
Movies in the Park.
Council member Couch requested Public Works Director
contact him.
Councilmember Couch requested staff provide
information regarding more inexpensive ways to
provide notice of cancellations.
Vice-Mayor Maggard requested staff abate graffiti in
University Park.
Vice-Mayor Maggard requested staff abate illegal
dumping and provided contact information from
Marci Cunningham.
Vice-Mayor Maggard thanked Council member Carson, the
Ad Hoc Committee on Crime and the Police Department for
their responses to the shooting at Valley Plaza.
Vice-Mayor Maggard requested information regarding
aiding graffiti removal volunteers. Public Works Director
Rojas responded.
Vice-Mayor Maggard requested information regarding the
feasibility of handling vandalism at the Sikh Temple through
the City's Community Prosecution Program. City
Attorney Gennaro responded.
Vice-Mayor Maggard requested staff provide
information regarding the resolution of Mr. Guiterrez'
issue; additionally utilize all resources at the City's
disposal to eliminate problems caused by the group
home at 5809 Dorset.
234
Bakersfield, California, January 11, 2006 - Page 16
ACTION TAKEN
18. COUNCIL AND MAYOR STATEMENTS continued
Vice-Mayor Maggard thanked various individuals and the
Red Lyon Inn for assisting in getting pornography
recruiters to leave the City.
Mayor Hall welcomed Assistant City Attorney Janice
Scanlan back into the City's employ.
ATTEST:
~¿r'lr\¿l* _
CITY CLERK and Ex Offic' Clerk of
the Council of the City of Bakersfield