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HomeMy WebLinkAbout03/22/06 CC MINUTES 323 l BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 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, Scrivner Absent: Couch, Sullivan 2. PUBLIC STATEMENTS L a. Stephanie Campbell spoke regarding item 4.c.3. WORKSHOPS 3. None. 4. CLOSED SESSION a. Conference with Labor Negotiator, Bill Avery; Closed Session 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) c. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Bakersfield Citizens for Local Control v City/Panama 99 Properties, LLC. 2. Bakersfield Citizens for Local Control v City/Castle & Cooke California, Inc. L 3. City v H.W. Lakeshore Pines Joint Venture (Cross). 324, Bakersfield, California, March 22, 2006 - Page 2 City Clerk McCarthy announced this item was being postponed. ACTION TAKEN Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:21 p.m. APPROVED ABS COUCH, SULLIVAN J Motion by Vice-Mayor Maggard to adjourn from Closed Session at 6:45 p.m. APPROVED ABS COUCH, SULLIVAN RECONVENED MEETING - 6:50 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Hanson, Scrivner Absent: Couch, Sullivan 6. INVOCATION by Pastor Isaac Sandifer, Baker Street Church of Christ. 7. PLEDGE OF ALLEGIANCE by Ravi Doshi, Highland High School student. j 8. CLOSED SESSION ACTION a. Conference with Labor Negotiator, Bill Avery; Closed Session pursuant to Government Code Section 54957.6. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (One case) Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: NO REPORTABLE ACTION b. CITY MANAGER GIVEN DIRECTION c. DELETED 1. Bakersfield Citizens for Local Control v City/Panama 99 Properties, LLC. 2. Bakersfield Citizens for Local Control v City/Castle & Cooke California, Inc. 3. City v H.W. Lakeshore Pines Joint Venture (Cross). j Bakersfield, California, March 22, 2006 - Page 3 32'5 9. PRESENTATIONS ACTION TAKEN L a. Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 3-9, 2006, as "Public Health Week". b. Presentation by Mayor Hall of Proclamation to Joseph G. Giuffre, Southern Region Chairperson, Lions Clubs of District 4a2, proclaiming March 26- April 1 ,2006 as "Lions Awareness Week". Mr. Giuffre accepted the Proclamation and made comments. c. Presentation by Vision 2020 of the First Quarter Update, "Our Future - Our Responsibility". Kay Pitts, Vision 2020 Update Team, made the presentation to the Council. 10. PUBLIC STATEMENTS a. Wesley Crawford spoke regarding the Baker Street corridor. L b. Matthew Cappuccio and Ravi Doshi spoke regarding the Mayor's Youth Advisory Council. c. Daayah Islam and Wesley Crawford spoke regarding item 4.c.3. 11. APPOINTMENTS a. One (1) appointment to the Historic Preservation Commission due to the expiration of term of Susan Stussy, term expires March 30, 2006. Motion by Vice-Mayor Maggard to re-appoint Susan APPROVED Stussy to the Historic Preservation Commission, term expiring March 20, 2009. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 27, 2006 Joint City County Meeting and the March 8, 2006, Regular City Council Meeting. l .~ 32h Bakersfield, California, March 22, 2006 - Page 4 12. CONSENT CALENDAR continued ACTION TAKEN Payments: j b. Approval of department payments from February 25, 2006 to March 9, 2006 in the amount of $13,036,872.37 and self insurance payments from February 25, 2006 to March 9, 2006 in the amount of $59,805.49. Ordinances: c. First Reading of Ordinance approving a Negative FR Declaration and amending Section 17.06.020 (Zone Map NO.1 02-05) of the Municipal Code by changing the zoning, upon annexation to the City, from A (Agriculture) to E (Estate) on 43.13 acres located on both sides of Etchart Road approximately 112 mile west of Coffee Road. (ZC 05-1082) (SmithTech/USA representing Oak Tree Development Co., Inc.) d. First Reading of Ordinance amending Section FR 17.060.020 (Zone Map No. 123-29) of the Municipal Code by changing the zoning from MH (Mobile Home) to R-1 (One Family Dwelling) on 2.4 J acres and from MH to R-2 (Limited Multiple Family Dwelling) on 26.41 acres generally located on the east side of Progress Road approximately 112 mile south of Panama Lane. (File No. 05-1686) (Quad- Knopf, Inc. representing Gosford-Panama Partners) e. Adoption of Ordinance approving a Negative ORD 4335 Declaration and amending Section 17.06.020 (Zone Map No. 123-36) of the Municipal Code by changing the zoning from A (Agriculture) to C-2 (Regional Commercial) on 16.71 acres; located north of State Highway 119 and west of State Highway 99. (ZC 05-0493) (Moreland Consulting representing East-West Developers LLC) f. Adoption of Ordinance approving a Negative ORD 4336 Declaration and amending Section 17.06.020 (Zone Map NO.1 01-11) of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 40.:t acres and from A to R-2 (Limited Multiple Family Dwelling) on 20.:t acres. (ZC 05-0725) (Porter-Robertson Engineering representing Kevin Pasco et al) j Bakersfield, California, March 22, 2006 - Page 5 3"27 12. CONSENT CALENDAR continued ACTION TAKEN l g. Adoption of Ordinance approving a Negative ORD 4337 Declaration and amending Section 17.06.020 (Zone Map NO.1 03-24) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 15.9;t acres generally located at the southwest corner of State Route 178 and Morning Drive. (File #05-1381) (Mcintosh & Associates representing Sterling Oaks East, LLC) h. Adoption of Ordinance approving a Negative ORD 4338 Declaration and amending Section 17.06.020 (Zone Map NO.1 01-02) of the Municipal Code by changing the zoning from A (Agriculture) to E (Estate) on 98+ acres net/1 01 + acres gross located at the northeast corner of Snow Road and Jenkins Road. (ZC 05-1685) (SmithTech/USA Inc. representing Brian Rice Construction) Resolutions: i. Sewer Connection Fee Assessments for 5205 l Debby Street: 1. Resolution confirming assessments for RES 077-06 sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Lupe F. & Teressa A. AGR 06-075 Acosta to pay sewer connection fee in installments and notice of special assessment lien. j. Resolution setting salary and related benefits for RES 078-06 officers and employees of the General Supervisory, Police and Management Units of the City. k. Resolution approving the sale of surplus property RES 079-06 (police batons) to the United States Army. I. Resolution authorizing the Police Department to RES 080-06 apply for the Edward Byrne Memorial Justice Assistance Grant ($75,605.00) from the U. S. Department of Justice. m. Resolution approving application for annexation of RES 081-06 l uninhabited territory to the City property identified as Annexation No. 511 located at the northeast corner of McCutchen and Buena Vista Roads. I _~.....J 328 Bakersfield, California, March 22, 2006 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN n. Resolution ordering change of proceedings to reduce assessments for parcels located in Assessment District 05-S (Liberty II/Village G reenrT esoro-Encanto/Li n/Rider/Diamond Ridge) . Resolution establishing Traffic Signal Maintenance District TS-1S, (Panama and Stine Shopping Center) confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. J RES 082-06 o. RES 083-06 p. Resolution adding territory, Area 3-40 (Berkshire, 99 RES 084-06 W) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. q. Resolution adding territory, Area 3-46 (Panama, RES 085-06 Mountain Ridge SE) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. J r. Resolution adding territory, Area 4-49 (Donaldo, RES 086-06 Casa Club SW) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. s. Resolution adding territory, Area 4-50 (Srd, "V" NE) RES 087-06 to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. t. Resolution adding territory, Area 4-51 (Valley, RES 088-06 Paladino NW) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. J 329 Bakersfield, California, March 22, 2006 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN L u. Resolution adding territory, Area 1-65 (Real, Chester N E) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by Kern County Tax Collector. v. Resolution of Intention No. 1442 to establish Traffic Signal Maintenance District TS-14, (Ming, South Allen SE) preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: w. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Lennar Homes of California, Inc., for Tract 6184 Unit 4 located south of Snow Road and east of Jewetta Avenue. 2. Final Map and Improvement Agreement with Housing Authority of Kern County for Tract 6209 Phase 1 located south of Fairview Road and east of Monitor Street. L 3. Improvement Agreement with Palms Bakersfield Limited, LLC for Parcel Map 11220 located south of Panama Lane and east of Stine Road. 4. Final Map with ADH Corporation for Tract 6232 Phase 5 located south of Zephyr Lane and west of South Sterling Road. x. Off Highway Motor Vehicle Recreation Project: 1. Amendment NO.1 to Agreement No. 04-323 with Michael Brandman and Associates ($197,950.00) for preparation of an Environmental Impact Report. 2. Amendment NO.2 to Agreement No. 04-102 with State of California Department of Parks and Recreation to increase the amount of the grant by $197,950.00. 3. Appropriate $197,950.00 State Grant Funds to the Off Highway Vehicle Park Capital Improvement Budget within the Recreation l Facilities Fund for securing approval of an Off Highway Vehicle Park. RES 089-06 RO/1442 REMOVED FOR SEPARATE CONS/DERA T/ON AGR 04-323(1) AGR 04-102(2) 330 Bakersfield, California, March 22, 2006 - Page 8 12. CONSENT CALENDAR continued ACTION TAKEN y. Amendment NO.1 to Agreement No. 05-185 with Alon Asphalt Bakersfield, Inc. ($450,000.00, revised not to exceed $900,000.00 and extending term for one (1) year) for asphalt rejuvenator/sealant. j AGR 05-185(1) z. Amendment NO.2 to Agreement No. 00-95 with William Avery & Associates, Inc. (not to exceed $41,200.00 per year) for negotiation and consultation services for employer-employee relations. AGR 00-95(2) aa. Contract Change Order NO.6 to Agreement No. 04- 339 with S. C. Anderson, Inc. ($30,587.52 decrease, revised not to exceed $5,665,021.28) for The Park at River Walk. (Site Improvement) Contract Change Order No. 1 to Agreement No. 05- 284 with HPS Mechanical ($12,869.29, revised not to exceed $613,396.29) for construction of pipeline to City water facility at Norris Road. AGR 05-284 CC01 AGR 04-399 CC06 bb. Bids: Accept bid to award annual contract to Jim Alfter Cement Contractor ($200,000.00) for canal liner repair. dd. Reject all bids for decorative bollards for the Chester Avenue Streetscape Project. AGR 06-080 J,......... . . .~ cc. ee. Extend bid from Jim Burke Ford ($74,508.49) for one (1) additional aerial lift truck for the Recreation and Parks Department. ft. Water truck for the Solid Waste Division: 1. Accept bid from Gibbs International ($132,331.82) for one (1) additional water truck. 2. Appropriate and transfer $28,332.00 Refuse Fund Balance to the Public Works Operating Budget within the Equipment Maintenance Fund. j l l l Bakersfield, California, March 22, 2006 - Page 9 331 12. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: gg. Appropriate $1,000.00 developer's contribution to General Fund in the Development Services budget r peer review of the Geologic Hazards Report for Vesting Tentative Tract 6137 located on the west side of Alfred Harrell Highway, and the north side of Paladino Drive. (Developer: S & S Homes/Engineer: New Vision Engineering) hh. Appropriate $6,183.00 in Strong Motion Instrumentation (SMI) monies to the General Fund in the Development Services Operating budget to supply electrical service to the disaster trailer. ii. Appropriate $10,000.00 developer share project costs to the General Fund in the Development Services budget for consulting services for processing SunCal McAllister Ranch prezoning and envi ronmental documents. Appropriate and transfer $500,000.00 General Fund balance to the Capital Improvement budget within the Capital Outlay Fund for the City's street preventative maintenance program. kk. Appropriate $90,000.00 Equipment Fund Balance to the Finance Department Operating Budget within the Equipment Management Fund for the replacement of nine (9) photocopier machines. jj. II. The Park at River Walk/Bright House Networks Amphitheatre: 1. Appropriate $20,000.00 contribution from Castle & Cooke, I nc. to the Recreation and Parks Operating Budget within the General Fund for the "Bit of Bakersfield" event. 2. Appropriate $75,000.00 naming rights advertising revenue from Bright House Networks (per Agreement No. 05-429) to the Recreation and Parks Operating Budget within the General Fund, for the "Bit of Bakersfield" event and other activities. _J 332 12. Bakersfield, California, March 22, 2006 - Page 10 CONSENT CALENDAR continued ACTION TAKEN mm. Accept donation ($1,750.00) from the Wal-Mart Foundation to the Bakersfield Fire Department and appropriate $1,750.00 to the General Fund Operating Budget for fire safety education. nn. Conversion of existing vacant Deputy City Attorney I position to two (2) Associate City Attorney positions. J Motion by Vice-Mayor Maggard to approve Consent Calendar items 12.a. through 12.nn. with the removal of item 12.w. for separate consideration. APPROVED ABS COUCH, SULLIVAN w. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Lennar Homes of California, Inc., for Tract 6184 Unit 4 located south of Snow Road and east of Jewetta Avenue. Final Map and Improvement Agreement with Housing Authority of Kern County for Tract 6209 Phase 1 located south of Fairview Road and east of Monitor Street. Improvement Agreement with Palms Bakersfield Limited, LLC for Parcel Map 11220 located south of Panama Lane and east of Stine Road. 4. Final Map with ADH Corporation for Tract 6232 Phase 5 located south of Zephyr Lane and west of South Sterling Road. 1. AGR 06-076 AGR 06-077 2. AGR 06-078 AGR 06-079 3. j Motion by Councilmember Carson to approve item 12.w. APPROVED j Bakersfield, California, March 22, 2006 - Page 11 333 13. CONSENT CALENDAR HEARINGS ACTION TAKEN l b. Public Hearing to consider Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. Public Hearing to consider Resolution approving and adopting an adjusted fee (proposed 5.6% increase based upon Construction Cost Index) for the development and improvement of parks within the City. RES 090-06 a. RES 091-06 Hearings opened at 7:28 p.m. No one spoke. Hearings closed at 7:28 p.m. Motion by Vice-Mayor Maggard to approve Consent Calendar Hearings 13.a. and 13.b. APPROVED ASS COUCH, SULLIVAN 14. HEARINGS None. l 15. REPORTS None. 16. DEFFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested Police staff respond to a citizen regarding a burglary on Brundage Lane and provided contact information. Councilmember Benham requested staff brief members of the Sunset/Oleander Preservation Committee regarding the potential impacts of the proposed Centennial Corridor and provided contact information. L Councilmember Benham requested staff address the issue of tennis shoes on the utility wire in the 700 block of H Street. i i I L 334 Bakersfield, California, March 22, 2006 - Page 12 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Benham requested the Planning and Development Committee explore limiting the number of GPA cycles in coordination with other concepts in the committee to facilitate streamlining the GPA/Zone Change processes. J Council member Benham wished Bakersfield Californian reporter James Burger luck as he embarks on his new assignment as the County correspondent. Councilmember Carson announced there will be a meeting of the Safe Neighborhoods and Community Relations Committee tomorrow, March 23, 2006 at 11 :45 a.m. Council member Carson requested Recreation and Parks staff coordinate with the Southeast Family Resource Center to provide rental space at MLK for that organization and report results back to Council. Councilmember Hanson requested staff contact WinCo to determine what technology is in use to manage shopping cart loss and evaluate feasibility of contacting other grocery store chains to suggest implementing utilization of the shopping cart technology. J Councilmember Hanson requested staff evaluate increasing Code Enforcement staffing levels and pursue creative ways to pay for the added staff. Council member Hanson requested a list of all fees and costs involved in new home construction. Council member Hanson expressed best wishes to James Burger. Councilmember Scrivner requested staff provide a completion date for the expansion of the roadway from two lanes to four on Panama Lane between Wible and Stine. Council member Scrivner made comments regarding expeditious street repairs. Councilmember Scrivner expressed his support for additional funds and staffing for Code Enforcement and Graffiti divisions. J l l l Bakersfield, California, March 22, 2006 - Page 13 335- 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Council member Carson announced she will be traveling to Washington D.C. to attend the African-American Leadership Conference and will breakfast with Senator Fienstein. Vice-Mayor Maggard encouraged the City Manager Tandy to speak with each of the Councilmembers regarding their budgetary priorities for the coming fiscal year. Vice-Mayor Maggard requested an update regarding a cat related issue. Assistant City Manager Christensen responded. Vice-Mayor Maggard wished James Burger well. Vice-Mayor Maggard requested staff address paving issues on Maywood. Vice-Mayor Maggard requested an update regarding the Memorial Tree Grove and thanked the Breakfast Rotary Club and the Tree Foundation for assistance in planting the grove. Recreation and Parks Director Hoover responded. Vice-Mayor Maggard requested an update regarding the group home on Dorset. Assistant City Manager Christensen responded. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 7:55 p.m. MAYOR of the City of Bakersfield, A ATTEST: ~d~~u CITY CLERK and Ex Officio CI the Council of the City of Bakersfi ,336 . '. Bakersfield, California, March 22, 2006 - Page 14 *****THI5 PAGE INTENTIONALLY LEFT BLANK***** j J j