HomeMy WebLinkAbout03/22/06 CC MINUTES
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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
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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.
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3.
City v H.W. Lakeshore Pines Joint Venture
(Cross).
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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
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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.
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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).
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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.
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Bakersfield, California, March 22, 2006 - Page 4
12.
CONSENT CALENDAR continued
ACTION TAKEN
Payments:
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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)
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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.
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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.
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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.
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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)
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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.
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AGR 05-185(1)
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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
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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.
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Bakersfield, California, March 22, 2006 - Page 9
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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.
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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.
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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.
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Motion by Councilmember Carson to approve item
12.w.
APPROVED
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Bakersfield, California, March 22, 2006 - Page 11
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13.
CONSENT CALENDAR HEARINGS
ACTION TAKEN
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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.
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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.
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Councilmember Benham requested staff address the
issue of tennis shoes on the utility wire in the 700
block of H Street.
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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.
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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.
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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.
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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:
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CITY CLERK and Ex Officio CI
the Council of the City of Bakersfi
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Bakersfield, California, March 22, 2006 - Page 14
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