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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