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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. 276 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 ---.--. 277 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. 278 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 280 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. -.------........, .~-'-._,-~ 2~? 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 - ,,---- - ,,.,' ...--. .~ ">.._..----_._~ 284 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. 285 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. 286 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. - ._.,._~-- -..-. .---- 287 ACTION TAKEN 288 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 *****THIS PAGE INTENTIONALLY LEFT BLANK*****