HomeMy WebLinkAbout02/22/06 CC MINUTES
275
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 22, 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,
Councilmembers Carson, Benham, Hanson,
Sullivan, Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation:
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Gloria Navarro, et al v City, et al
2. H. W. Lakeshore Pines Joint Venture v City
b. Conference with Legal Counsel - Potential
Litigation: Closed Session pursuant to subsection
(b)(1)(A) of Government Code Section 54956.9 (one
case) and subsection (b)(1)(C) of Government Code
Section 54956.9 (one case).
4. CLOSED SESSION
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:19 p.m.
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6:33 p.m.
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Bakersfield, California, February 22, 2006 - Page 2
RECONVENED MEETING - 6:40 p.m.
ACTION TAKEN
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Pastor Richard Thompson, First United
Methodist Church.
7. PLEDGE OF ALLEGIANCE by Renee Sherman, 1st Grade
Student at Laurelglen Elementary School.
Mayor Hall recognized Boy Scout Troop 333 from
the Church of Jesus Christ of Latter Day Saints
and Bakersfield College and Ridgeview High School
students in attendance at the meeting.
8. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing Litigation:
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Gloria Navarro, et al v City, et al
Council authorized settlement in the amount of
$100,000.
2. H. W. Lakeshore Pines Joint Venture v City
APPROVED
b.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subsection
(b)(1)(A) of Government Code Section 54956.9 (one
case)
DIRECTION GIVEN
ATTORNEY
City Manager was given direction to write a letter to the
City of Shaffer expressing our Council's displeasure
with the fact that the City of Shaffer desires to keep
the recent decision by the mediator in the action
involving water rights confidential and not subject
to public disclosure which clearly was not the intent of
the Cities July 2005 arrangement.
APPROVED
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Bakersfield, California, February 22, 2006 - Page 3
8.
CLOSED SESSION ACTION continued
ACTION TAKEN
(b)(1)(C) of Governrnent Code Section 54956.9
(one case).
NO REPORTABLE
ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Janice Horcasitas, Vice-President, American
Society of Civil Engineers. Southern San Joaquin
Branch, proclaiming February 19-25, 2006, as
National Engineers Week".
Janice Horcasitas accepted the Proclamation and
made comments.
b. Presentation by Mayor Hall of Proclamation to Lisa
Buckner, Bakersfield Elementary Teachers
Association, proclaiming March 2, 2006, as Read
Across Bakersfield Day.
Lisa Buckner accepted the Proclamation and made
comments.
10. PUBLIC STATEMENTS
Patrick Collins, PresidenVCEO Kern Economic
Development Corp., provided an update regarding
Fedex Ground, Project lip and thanked
Developrnent Services Director Grady and City
Manager Tandy for aiding the project. Additionally,
he thanked Mayor Hall for attending a trade show in
Las Vegas.
Marvin Dean, Kern County Minority Contractors
Association and member of the CalTrans DBE Small
Business Council, spoke regarding release of
highway funds and submitted written material.
Councilmember Carson requested staff review the
material presented by Mr. Dean and work with him to
assure the goals and objectives of the CalTrans DBE
Small Business Council are met.
Derik Krauss spoke regarding an Eagle Scout
project.
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Bakersfield, California, February 22, 2006 - Page 4
ACTION TAKEN
12. CONSENT CALENDAR
Councilmember Couch requested staff obtain contact
information for Mr. Krauss.
Councilmember Sullivan requested the Community
Services Committee address the issue of installing
trash cans along the Stockdale Hwy. bike path west of
Coffee Rd.
Minutes:
a. Approval of minutes of the February 8, 2006,
Regular City Council Meeting.
Payments:
b. Approval of department payments from January 27,
2006 to February 9, 2006 in the amount of
$9,354,931.32 and self insurance payments from
January 27, 2005 to February 9, 2006 in the amount
of $304,816.43.
Ordinances:
FR
First Reading of Ordinance adding Chapter 13.10 to
the Municipal Code to establish certain procedures
respecting special tax districts.
d. First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (lone
Map No. 124-20) of the Municipal Code changing
the zoning from A (Agricultural) to R-1 (One Family
Dwelling) on 108.88 acres and from A to C-2
(Regional Commercial) on 1.56 acres generally
located at the northeast corner of South Union
Avenue and East Panama Lane. (Applicant:
Marino/Associates) (File No. 05-1507)
c.
FR
e. First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (lone
Map 123-07) of the Municipal Code changing the
zoning from R-1 (One Family Dwelling) to PUD
(Planned Unit Development) on 7.27 acres generally
located on the southeast corner of Ming Avenue and
Grand Lakes. (Applicant: Mcintosh &
Associates/Property Owner: Castle & Cooke) (File
05-1407)
FR
279
Bakersfield, California, February 22, 2006 - Page 5
ACTION TAKEN
12. CONSENT CALENDAR continued
---~"""'--"-' --,,-~
FR
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (lone
Map 102-06) of the Municipal Code changing the
zoning from A (Agriculture) to C-1 (Neighborhood
Commercial) on 15.3± acres and from A to R-2
(Limited Multiple Family Dwelling) on 23.45± acres
located at the southwest corner of 7'" Standard
Road and Calloway Drive. (lC 05-1165)
(SmithTech USA, Inc.)
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (lone
Map 104-07) of the Municipal Code changing the
zoning from R-S-2.5A-HD (Rural Suburban 2.5
acres-Hillside Development) to R-1-HD (One Family
Dwelling-Hillside Development) on 16.08± acres
and R-S-2.5A (Rural Suburban 2.5 acres) to R-1
(One Family Dwelling) on 17.26± acres generally
located north of Paladino Drive, east and west of the
Morning Drive alignment. (lC 05-0780) (DeWalt
Corporation)
h. Fireworks Regulations:
I.
FR
g.
1.
First Reading of Ordinance amending
Chapter 8.44 of the Municipal Code relating
to fireworks.
REMOVED FOR
SEPARATE
CONSIDERA TION
2. First Reading of Ordinance amending
Sections 15.64.036, 15.64.350 and
15.64.480 of the Municipal Code relating to
miscellaneous regulations of the Uniform
Fire Code.
I. Business & Commercial loning Ordinances
1.
Adoption of Ordinance amending Sections
17.25.040, 17.25.050, 17.25.080 and
17.25.090 of the Municipal Code relating to
the C-B (Central Business) zone district.
ORD4311
2.
Adoption of Ordinance amending Sections
17.26.010, 17.26.020, 17.26.050,
17.26.070,17.26.080 and 17.26.090, and
repealing Section 17.26.011 of the
Municipal Code relating to the C-C
(Commercial Center) zone district.
ORD 4312
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Bakersfield, California, February 22, 2006 - Page 6
12.
CONSENT CALENDAR continued
ACTION TAKEN
j.
Adoption of Ordinance approving a Negative
Declaration and amending Section 17.060.020
(lone Map NO.1 04-08) of Title 17 of the Municipal
Code by changing the zoning from R-S-2.5A
(Residential Suburban - 2.5 acres) to R-1 (One
Family Dwelling) on 34.982 acres generally located
at the northeast corner of Vineland Road and
Paladino Drive. (Applicant: The Monarch Affiliates)
(File 05-1190)
ORD 4313
Resolutions:
k. Resolution approving Memorandum of REMOVED FOR
Understanding for employees of the Blue and White SEPARATE
Collar Units and adopting salary schedule and CONSIDERA TION
related benefits.
RES 050-06
I. Resolution approving the submittal of an application
to the Califomia Integrated Waste Management
Board for a Waste Tire Enforcement Grant for one
year period, 2006 - 2007.
m. Resolution supporting Senate Bill 155 (Feinstein) REMOVED FOR
and House of Representatives Bill 970 SEPARATE
(Schiff) concerning prevention, deterrence and CONSIDERA nON
punishment of gangs.
n. Resolution of Application proposing proceedings for RES 052-06
annexation of uninhabited territory to the City
property identified as Annexation No. 506 located
south of Taft Highway, generally east and west of
Wible Road.
o. Resolution of Application proposing proceedings for RES 053-06
annexation of uninhabited territory to the
City property identified as Annexation No. 498
located generally south of Panama Lane, east
and west of Buena Vista Road.
p. Resolution adopting Council Policy regarding REMOVED FOR
Councilmember Reimbursement for Expenses SEPARATE
(AB1234). CONSIDERA nON
q. Amendment NO.1 to Resolution No. 40-99 RES 40-99(1)
approving the retention and destruction schedule
of certain city records, documents, instruments,
books and papers, pursuant to Section 34090 et seq
of the Government Code. (Recreation and Parks)
Bakersfield, California, February 22, 2006 - Page 7 281
12. CONSENT CALENDAR continued ACTION TAKEN
Agreements:
r. Final Tract Map and Improvement Agreements with AGR 06..{)49
Lennar Homes of California, Inc. for Tract 6196 Unit AGR 06..{)50
3 located west of Mountain Vista Drive and north of
Harris Road.
s. Agreernent with State of California (maximum AGR 06-051
annual reimbursement $23,747.14) for
maintenance of State Highways in the City.
t. Improvement Plan Checking Engineering Services:
1. Agreement with Meyer Civil Engineering, Inc. AGR 06"{)52
(not to exceed $100,000.00) for
improvement plan checking engineering
services.
2. Appropriate $100,000.00 Improvement Plan
Check Revenue to the Public Works
Department Operating Budget within the
Development Services Fund.
u. Amendment NO.1 to Agreement No. 05-381 with AGR 05-381(1)
Kronick Moskovitz Tiedemann & Girard
($50,000.00, total not to exceed $125,000.00) for
outside legal services for the Mill Creek South -
Redeveiopment Project - CalHFA Funds.
v. Amendment NO.1 to Agreement No. 05-066 with AGR 05"{)66(1)
Office Depot, inc. ($300,000.00, total not to exceed
$600,000.00) extending term for one (1) for office
supplies.
w. White Lane at State Route 99 Overcrossing REMOVED FOR
SEPARATE
Widening/Interchange Improvements Project: CONSIDERA TION
1. Contract Change Order NO.9 to Agreement
No. 03-208 with Granite Construction
Company ($286,655.98, total not to exceed
$6,793,473.24) to construct project.
2. Appropriate $300,000.00 additional traffic
impact fees to the Capital Improvement
Budget within the Transportation
Development Fund.
x. Contract Change Order NO.1 to Agreement No. 05- AGR 05-218 CC01
218 with Floyd Johnston Construction Company
($27,445.00, total not to exceed $8,842,645.00) for
Trunk Sewer Replacement along Planz Road.
-.------........, .~-'-._,-~
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Bakersfield, California, February 22, 2006 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
y. Revised Job Specification for Maintenance
Craftworker II.
z. Audit Reports for Fiscal Year ended June 30, 2005:
1. Comprehensive Annual Financial Report
(CAFR).
2. Independent Auditors Report - Single Audit
Report - Schedule of Federal
Expenditures for the City.
3. Independent Auditors Report - Compliance
with Contractual Requirements relative to
the Bakersfield Subregional Wastewater
Management Plan.
4. Independent Auditors Report-
Appropriations Limit Worksheet (GANN
Limit) of the City.
5. Independent Auditors Report - Rabobank
Arena, Theater, Convention Center & Ice
Sports Center.
aa. Appropriate $306,290.00 Assessment District
Revenues and $105,646.00 Assessment
District Debt I nterest payment to the non-
departmental budget of Assessment District 04-3
(Solera/Rio Vista) to facilitate bond interest payment
due in March 2006.
bb. Additional Full-time Positions and Equipment in REMOVED FOR
SEPARATE
Graffiti, Parks and Administration: CONSIDERA nON
1. Authorize (1) Police Officer position.
2. Authorize (1) Maintenance Craftworker I
position.
3. Authorize (1) Park Technician position.
4. Authorize (1) Secretary I position.
5. Appropriate $178,000.00 Fund Balance in
the General Fund to the Police Operating
Budget and the Public Works Operating
Budget.
2~3
Bakersfield, California, February 22, 2006 - Page 9
12.
CONSENT CALENDAR continued
Item 12.bb. continued
ACTION TAKEN
6. Appropriate $58,000.00 additional plan
check fee revenue to the Recreation and
Parks Operating Budget.
Secretary Fick announced correspondence was
received from Susan Norman and Tony Stidham in
opposition to item 12.h.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.bb., with the removal
of items 12.h., 12.k., 12.m., 12.p., 12.w. and 12.bb. for
separate consideration.
APPROVED
h. Fireworks Regulations:
1.
First Reading of Ordinance amending
Chapter 8.44 of the Municipal Code relating
to fireworks.
FR
2.
First Reading of Ordinance amending
Sections 15.64.036, 15.64.350 and
15.64.480 of the Municipal Code relating to
miscellaneous regulations of the Uniform
Fire Code.
FR
Motion by Councilmember Scrivner to give first reading
to the Ordinances with revision to increase the hours
for selling fireworks to 11:00 p.m. on July 1, July 2 and
July 3 and midnight on July 4.
APPROVED
k.
Resolution approving Memorandum of
Understanding for employees of the Blue and White
Collar Units and adopting salary schedule and
related benefits.
RES 049-06
Motion by Councilmember Hanson to approve the
Resolution and adopting the salary schedule and
related benefits.
APPROVED
m.
Resolution supporting Senate 8ill155 (Feinstein)
and House of Representatives Bill 970
(Schiff) concerning prevention, deterrence and
punishment of gangs.
RES 051·06
Motion by Councilmember Carson to adopt the
Resolution.
APPROVED
- ,,---- - ,,.,' ...--. .~
">.._..----_._~
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Bakersfield, California, February 22, 2006 - Page 10
12.
CONSENT CALENDAR continued
ACTION TAKEN
p.
Resolution adopting Council Policy regarding
Councilmember Reimbursement for Expenses
(AB1234).
RES 054-06
Councilmember Carson requested the Legislation and
Litigation Committee review types and amounts of
expenses that are deemed reimbursable.
APPROVED
Motion by Councilmember Carson to adopt the
Resolution.
APPROVED
w. White Lane at State Route 99 Overcrossing
Widening/Interchange Improvements Project:
1.
AGR 03-208 CC09
Contract Change Order NO.9 to Agreement
No. 03-208 with Granite Construction
Company ($286,655.98, total not to exceed
$6,793,473.24) to construct project.
2. Appropriate $300,000.00 additional traffic
impact fees to the Capital Improvement
Budget within the Transportation
Development Fund.
Motion by Councilmember Scrivner to approve the
Agreement and appropriate the funds.
APPROVED
bb. Additional Full-time Positions and Equipment in
Graffiti, Parks and Administration:
1. Authorize (1) Police Officer position.
2. Authorize (1) Maintenance Craftworker I
position.
3. Authorize (1) Park Technician position.
4. Authorize (1) Secretary I position.
5. Appropriate $178,000.00 Fund Balance in
the General Fund to the Police Operating
Budget and the Public Works Operating
Budget.
Councilmember Scrivner requested staff explore the
feasibility 24-hour graffiti removal and report back to
Council.
Councilmember Benham requested staff implement
plans for a new Graffiti Division in the City.
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Bakersfield, California, February 22, 2006 - Page 11
12.
CONSENT CALENDAR continued
ACTION TAKEN
Vice-Mayor Maggard requested police explore the
feasibility patrolling of target areas in which will
emphasize apprehension of graffiti vandals;
additionally Attorney's staff to research imposing
heavy fines on offenders or parents or guardians and
report back to Council.
Recess taken from 8:08 to 8:16 p.m.
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
None.
15. REPORTS
a.
Program Management Services for Thomas Roads
Improvement Program:
1. Agreement with Parsons Transportation
Group ($40,000,000.00) to provide program
management services until June 30, 2011.
2. Appropriate $2,616,271.00 Federal Funds to
the Capital Improvement Budget within
the Federal Transportation Fund; and
appropriate and transfer $422,468.00
additional traffic impact fee revenue from the
Transportation Development Fund to
the Capital Improvement Budget within the
Federal Transportation Fund.
AGR 06-053
City Manager Tandy made staff comments.
Public Works Director Rojas introduced the Parsons
Group.
Chris Clark, Program Manager for Parsons, Girair
Kotchian Deputy Program Manager and Jeff
Bingham, Environmental Manager made comments
and made a presentation.
APPROVED
Motion by Vice-Mayor Maggard to approve the
Agreement.
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Bakersfield, California, February 22, 2006 - Page 12
ACTION TAKEN
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
a.
Advanced Refunding of 1997 Arena Certificates of
Participation to generate one time savings of
approximately $2,000,000.00 to be used for capital
improvements for the Rabobank Convention Center
and Arena Complex.
AGR 06-054
1.
Agreement with Kutak Rock LLP for bond
counsel services.
A GR 06-055
2.
Agreement with Pillsbury Winthrop Shaw
Pittman LLP for disclosure counsel
services.
RES 055-06
3. Resolution guaranteeing lease payments
from monies otherwise payable to the City
from the Motor Vehicle License Fee Account.
4. Resolution approving and directing the
execution of a First Amendment to
Reimbursement Agreement.
RES 056-06
5.
Resolution approving the execution, sale and
delivery of not to exceed $36.7 million
of the 2006 Refunding Certificates of
Participation to provide for the full refunding
of the 1997 Certificates; approval of the form
and substance of Purchase contract,
Preliminary Official Statement, Trust
Agreement, Lease Agreement, Escrow
Agreement, Continuing Disclosure Certificate
and authorizing and directing additional
actions necessary to implement the
proposed refunding program.
RES 057-06
A GR 06-056
A GR 06-057
AGR 06-058
AGR 06-059
AGR 06-060
AGR 06-070
AGR 06-071
AGR 06-072
AGR 06-073
AGR 06-074
Finance Director Smith and City Manager Tandy
made staff comments.
Mike Ripey, Q-Tech Rep, bond council to the City
made comments.
Motion by Vice-Mayor Maggard to approve the
Agreements and adopt the Resolutions.
APPROVED
Bakersfield, California, February 22, 2006 - Page 13
18. MAYOR AND COUNCIL STATEMENTS
Council member Hanson made positive comments
regarding the scoreboard at Rabobank area.
Councilmember Hanson made comments regarding the
awarding of the Federal Court House by the General
Services Administration.
Councilmember Hanson made comments regarding the re-
opening of Aunt Cheri's Home under the name of St.
Gianna's Maternity Home of Bakersfield and congratulated
St. Francis parish on sponsoring the undertaking.
Council member Hanson congratulated Father Argue of St.
Francis parish on his retirement.
Counci/member Benham requested staff respond to a
letter from a Cal Poly student inquiring about urban
growth and air quality within new developments.
Counci/member Benham requested the Fire
Department investigate the use of media public service
announcements to enlist public support for new
fireworks restrictions.
Councilmember Scrivner requested Police contact Mr.
Sheppard regarding street racing on Hughes Lane,
provide an update regarding the issue of street racing
citywide; response times to animal control complaints
and traffic signal issues at the intersections of White
Ln. and Wible and Ming Ave. and Real Rd.
Council member Carson announced after being nominated
by Congressman Thomas, she has been invited by
Alphonso Jackson, Secretary of Housing and Urban
Development. to participate in an event in Washington
D.C., addressing the issues of economic development, job
creation, education and health care.
Councilmember Carson made comments regarding Joey
Porter Day and thanked Rhonda Smiley, Natalie Welty,
staff and everyone involved in making the day a great
success.
Councilmember Sullivan made comments regarding Joey
Porter Day.
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287
ACTION TAKEN
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Bakersfield, California, February 22, 2006 - Page 14
18.
COUNCIL AND MAYOR STATEMENTS
ACTION TAKEN
Councilmember Sullivan requested staff address
flooding issues on the north side of Stockdale Hwy., in
the area of Oakdale and Western, and take measures to
alleviate the problem.
Councilmember Sullivan requested staff evaluate the
traffic situation at St. Francis School and the need for a
four way stop to aid in facilitating student drop off/pick
up.
Councilmember Sullivan encouraged parents to monitor
childrens' activities to discourage graffiti.
Counci/member Sullivan requested staff provide
information regarding the completion of resurfacing of
Hempstead at Edgemount.
Council member Sullivan requested information regarding
the placement of surveillance cameras. City Manager
Tandy responded.
Council member Couch submitted referrals to staff.
Counci/member Couch requested a workshop
regarding the Kern Motorist Aid Authority, and the
managing of Emergency Call Boxes.
Counci/member Couch requested staff include Hwy.
204 in the Resolution before the Joint City/County
Meeting, supporting SB 1858, which relinquishes
authority over Rosedale Hwy. to the City and request
Assemblyman McCarthy include Hwy. 204 in SB 1858.
Councilmember Couch requested staff provide a
projected completion date for Madison Grove Park.
Counci/member Couch requested staff address traffic
issues at the Rosedale and Landeo grade separation,
Allen and Hageman, Olive and Hwy. 99 and Truxtun and
Coffee.
Counci/member Couch requested staff investigate
encouraging use of alternate routes for citizens
utilizing the Chester Ave. bridge while the bridge is
being renovated.
Councilmember Couch thanked David Gay for
providing drawings for the widening of Brimhall and
requested staff review the drawings for the feasibility of
the frontage widening.
289
Bakersfield, California, February 22, 2006 - Page 15
ACTION TAKEN
Councilmember Couch made comments regarding recent
attack ads against Councilmembers.
Vice-Mayor Maggard requested staff consider a
proposal by Big League Dreams to provide money for
improvements to Mesa Marin Baseball Fields.
Vice-Mayor Maggard requested staff respond to a
complaint regarding graffiti.
Vice-Mayor Maggard requested staff determine if
security at the Valley Plaza is adequate and report back
to Council. Additionally, report if the City has a policy
on development standards regarding security at
commercial locations and investigate means to
facilitate a safer environment.
Mayor Hall requested numbers regarding employment
and job growth numbers related to the Thomas Roads
projects be provided Mayor and Council as the projects
progress.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:30 p.m.
ATTEST:
LJ.II1m,ÙA (L
CITY CLERK and Ex Officio CI k of
the Council of the City of Bakersfie d
290
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