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HomeMy WebLinkAbout04/05/06 CC MINUTES L Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5: 15 and 6:30 p.m. BAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 5, 2006 REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch Hanson, Sullivan (seated at 5:27 p.m.) Scrivner Absent: None. 2. PUBLIC STATEMENTS None. L 3. WORKSHOPS CLOSED SESSION 4. a. Conference with Legal Counsel-Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (One case) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Wible Road Action Group, et al v City, et al. 2. City v H.W. Lakeshore Pines Joint Venture (Cross). DELETED City Clerk McCarthy announced item 4.b.1. was being removed at the request of the City Attorney. Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:17 p.m. APPROVED L Motion by Vice-Mayor Maggard to adjourn from Closed Session at 6:02 p.m. APPROVED L. '" 337 i _~__--.J 338 Bakersfield, California, April 5, 2006 - Page 2 RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Couch, Hanson, Sullivan, Scrivner Absent: Benham 6. INVOCATION by Pastor Daren Pitcher, Ridgeview Church. 7. PLEDGE OF ALLEGIANCE by Claryce Lazerson, 4th Grade Student at St. John Lutheran. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel-Initiation of Litigation; Closed Session pursuant to subdivision (c) 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: b. 1. Wible Road Action Group, et al v City, et al. 2. City v H.W. Lakeshore Pines Joint Venture (Cross). City Attorney Gennaro announced concerning item 4.b.2.: "The City Attorney and the City Manager were directed to prepare the necessary financial documents and take appropriate steps to finalize and enforce the mediation agreement concerning this matter. " 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Judy L. Normoyle, Ambassador for OneLegacy, proclaiming April, 2006, as "National Donate Life Month" . Ms. Normoyle accepted the proclamation and made comments. ACTION TAKEN J CITY ATTORNEY GIVEN DIRECTION DELETED CITY ATTORNEY GIVEN DIRECTION j J r l l l L_, ___ 9. Bakersfield, California, April 5, 2006 - Page 3 PRESENTATIONS continued b. Presentation by Mayor Hall of Proclamation to Lorena Giambo, Bakersfield Association of Realtors, and Maribel Reyna, City's Economic & Community Development Department, proclaiming April, 2006, as "Fair Housing Month". Ms. Giambo accepted the proclamation and made comments. 10. PUBLIC STATEMENTS a. Bob Bell, Treble LLC spoke in support of the Downtown PBID and provided written material. b. Brian Holle spoke regarding alley parking control and provided written material. c. Paul Press spoke regarding the Bakersfield Blitz. d. Edward Gonzales and Jonathan Webster spoke regarding neighborhood crime and suggested possible seizure of houses hosting criminal activities. 11. Councilmember Carson requested the Legislation and Litigation Committee access the feasibility of establishing an Ordinance to authorize the seizure of drug/gang houses. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 22, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from March 10, 2006 to March 23, 2006 in the amount of $7,619,627.19 and self insurance payments from March 10, 2006 to March 23, 2006 in the amount of $154,531.67. 'J~'9 .:J , ACTION TAKEN ~ 340 Bakersfield, California, April 5, 2006 - Page 4 12. CONSENT CALENDAR continued ACTION TAKEN c. First Reading of Ordinance deleting Chapter 1.12 of the Municipal Code in its entirety and adding a new Chapter 1.12 relating to the establishment of ward boundaries. FR j Ordinances: d. First Reading of Ordinance amending Chapter 10.76 FR of the Municipal Code relating to parades. Adoption of Ordinance amending Municipal Code ORD 4339 e. Section 1.12.050 by adding Annexation No. 483, located south of Panama Lane, east and west of Old River Road, to Ward 5. f. Adoption of Ordinance approving a Negative ORD 4340 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 j 1;2 mile west of Coffee Road. (ZC 05-1082) (SmithTech/USA representing Oak Tree Development Co., Inc.) g. Adoption of Ordinance amending Section ORD 4341 17.060.020 (Zone Map No. 123-29) of the Municipal Code by changing zoning from MH (Mobile Home) to R-1 (One Family Dwelling) on 2.4 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 1;2 mile south of Panama Lane. (File #05-1686) (Quad-Knopf, Inc. representing Gosford-Panama Partners) Resolutions: h. Resolution approving an application proposing RES 101-06 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 466 consisting of 83.47 net acres located north of Snow Road, generally between Allen Road and Calloway Drive. L Resolution adopting revised land based financial RES 102-06 j policy. 12. Bakersfield, California, April 5, 2006 - Page 5 CONSENT CALENDAR continued ACTION TAKEN 341 342 Bakersfield, California, April 5, 2006 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN p. Resolution establishing Traffic Signal Maintenance RES 098-06 J District TS-14 (Ming, South Allen SE) confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. q. Resolution of Intention No. 1436 to add territory, RO/1436 Area 4-44 (Chester Avenue, 24th to Garces Circle) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report and setting time and place for hearing protests to the proposed addition of territory. r. Resolution of Intention No. 1443 to add territory, RO/1433 Area 2-32 (District, Stine Canal NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: s. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements AGR 06-086 J AGR 06-087 with Morningstar Estates, LLC, for Tract 5667 located north of Campus Park Drive and east of Mountain Vista Drive. AGR 06-088 2. Final Map and Improvement Agreements AGR 06-087 with Centex Homes for Tract 6349 Phase 2 located west of Buena Vista Road and north of Panama Lane. AGR 05-152(2) t. Amendment No.2 to Agreement No. 05-152 with Pavement Recycling Systems, Inc. ($400,000.00, revised not to exceed $1 ,400,000.00; and, extending term for one (1) year) for cold planing for Streets Division. Bids: u. Accept bid to award contract to Loop Electric, Inc. AGR 06-090 ($110,194.80) for traffic signal and lighting system installation at Ming Avenue and Grand Lakes Avenue. Accept bid to award contract to TES Electric AGR 06-091 v. Contractors, Inc. ($105,800.00) for traffic signal J and lighting system installation at Olive Drive and Riverlakes Drive. !--~--~-~---------'--- -- L l l L 12. Bakersfield, California, April 5, 2006 - Page 7 CONSENT CALENDAR continued w. Accept bid to award annual contract to National Waterworks (not to exceed $250,000.00) for water meters for Water Resources Department. Miscellaneous: x. Transfer appropriations of $2,029,640.00 from the debt service budget within the Transient Occupancy Tax Fund to the Capital Improvement Budget within the Capital Outlay Fund for various improvements to the Rabobank Convention Center and Arena facilities in connection with savings generated by the refunding of the 1997 Certificates of Participation. y. Request for conversion of approved position from General Services Coordinator to Maintenance Craft Worker II (General Services Division). Motion by Vice-Mayor Maggard to approve Consent Calendar items 12.a. through 12.y. with the removal of item 12.0. for separate consideration. o. Group home at 5809 Dorset Drive: Resolution requesting the State Legislature amend state law pertaining to group homes. 2. Letter to the Community Care Licensing Division of the State of California, from the City Council, requesting action regarding the group home. 1. Vice-Mayor Maggard requested staff solicit the support of local State representatives for the purpose of changing State regulations regarding group homes. Motion by Vice-Mayor Maggard to approve item 12.0. 13. CONSENT CALENDAR HEARINGS None. - , 343 ,'" ACTION TAKEN AGR 06-092 APPROVED AB BENHAM RES 097-06 ----' 344' Bakersfield, California, April 5, 2006 - Page 8 14. HEARINGS a. Public Hearing to consider appeals by A & E Union, Inc., Fletch Waggoner on behalf of Casa Club Fairways Homeowners Association and Pulte Homes of Planning Commission decision upholding the Development Services Director's approval of a compliance review of a 185 unit multiple family project on 19.07 acres zoned R-2 (Limited Multiple Family Residential) located at 14801 Casa Club Drive. (Owner/Developer: Andy Fuller) (File SPR 05-1641) 1. Resolution upholding the Planning Commission's decision to uphold the Development Services Director's approval and add a condition concerning secondary emergency access, and denying the appeal by A & E Union, Fletch Waggoner and Pulte Homes. City Clerk McCarthy announced correspondence was received from Pillsbury, Winthrop, Shaw, Pittman, on behalf of Pulte Homes, Carolyn Hinds and Mario Valenzuela, A & E Union regarding the item. Development Service Director Grady made staff comments. Hearing opened at 7:10 p.m. Jim Worth, Esq., on behalf of the eight homeowners associations within the Rio Bravo golf course gated area, spoke in opposition to the staff recommendation. Teri Bjorn, Clifford and Brown, on behalf of Andrew Fuller spoke in favor of the staff recommendation. Andrew Fuller and Justin VanMullin made a presentation supporting the staff recommendation. Hearing closed at 7:34 p.m. Motion by Vice-Mayor Maggard to deny the appeal and approve the staff recommendation. ACTION TAKEN j RES 099-06 J APPROVED AB BENHAM J f .. Bakersfield, California, April 5, 2006 - Page 9 34'5 14. HEARINGS continued ACTION TAKEN l b. Hearing to receive public comment regarding the costs to maintain call boxes, the need to provide other motorist aid services, or eliminate the system. Hearing opened at 8:05 p.m. No one spoke. Hearing closed at 8:06 p.m. City Clerk McCarthy announced the public can provide input regarding the issue by contacting the City Council via email at city council@bakersfield.us or by calling the City Clerk's Office at 326-3767. 15. REPORTS None. 16. DEFFERRED BUSINESS a. New Positions in Graffiti and Code Enforcement: L Authorize four (4) Maintenance Craftworker I positions in Public Works (Graffiti). 2. Authorize one (1) Community Relations Specialist position in Police (Graffiti). 1. 3. Authorize five (5) Code Enforcement Officer I positions and one (1) Clerk-Typist I position in Development Services. 4. Appropriate $261,000.00 General Fund balance to the Building Department Operating Budget ($138,000.00), Police Operating Budget ($23,000.00), and Public Works General Services Operating Budget ($100,000.00) within the General Fund for salaries and related benefits. l l _ I ._._'_______._'______.'..____~__,_,__________~___,__________~__ ____~_,__,_~._,___.~_.___~__~____.J 346 Bakersfield, California, April 5, 2006 - Page 10 16. DEFFERRED BUSINESS continued Item 16.8. continued 5. Appropriate and transfer $500,000.00 General Fund balance to the Capital Improvement Budget within the Equipment Management Fund for the purchase of related vehicles and equipment. City Manager Tandy and Assistant City Manager provided an overview and made staff comments. Motion by Vice-Mayor Maggard to approve the positions and appropriate funds. 17. NEW BUSINESS a. Resolution agreeing to the formation of the Downtown Business Improvement District; and authorizing the Mayor to sign the petition on behalf of the City agreeing to be included. Economic and Community Development Director Kunz made staff comments. On behalf of Council~ember Benham Vice-Mayor Maggard read into the record: "The Downtown Business and Property Owners Association is leading an effort to create a property based business improvement district in downtown Bakersfield to provide enhanced special maintenance and security services that will improve the image and utilization of downtown. A committee comprised of over twenty-five area property and business owners met for several months and through their efforts drafted the Downtown Bakersfield Property Based Business Improvement District, or PBID the Bakersfield Property Based Business Improvement District Plan. The Plan outlines the proposed improvements, activities and enhanced services and establishes a proposed budget for these services. The PBID Plan includes safety and maintenance programs. Safety programs proposed include uniformed daytime bicycle and walking security patrol and nighttime security patrol. The maintenance include sidewalk sweeping, pressure washing, graffiti and handbill removal and trash removal. Additional programs include special communication or marketing, new program development and an allowance for administration. These proposed services will not replace any current or future City services but will augment them. ACTION TAKEN j APPROVED AB BENHAM J J r~--- -~- ~ l l L L, ~ _u_ Bakersfield, California, April 5, 2006 - Page 11 17. NEW BUSINESS continued Item 17.a continued They will be paid for through a self-taxing method much like a maintenance district. PBIDs are established by those who pay, governed by those who pay, implemented by those who pay and benefited from by those who pay. The district will improve the overall viability of the downtown business district. More than one thousand PBIDs exist in North America with more than seventy in California. Downtowns including Visalia, Stockton, Long Beach and Sacramento have all benefited from a PBID. The petition for City Council asks for the City to support the planned PBID. As a key property owner in downtown the City will participate in the voluntary assessment along with all of the property owners of the PBID boundary. I, Councilmember Benham, encourage the City Council to support this focused effort to strengthen and revitalize downtown Bakersfield and authorize the Mayor to sign the petition. " Motion by Councilmember Hanson to authorize the Mayor to sign the petition on behalf of the City. Council member Couch recognized Kevin Bacon and Mimi Audello, with San Joaquin Community Hospital, who made comments regarding the proposed PBID. Council member Scrivner requested staff provide specific dates and times regarding when and where the PBID informational meeting will be held. 18. MAYOR AND COUNCIL STATEMENTS City Clerk McCarthy read into the record a referral from Councilmember Benham requesting the Legislation and Litigation Committee address the issue of an Ordinance regarding alley parking. Council member Hanson requested information regarding the number of arrests of graffiti vandals made last month. Chief Rector responded. Council member Hanson requested information regarding the prosecution of the parents/guardians of graffiti vandals. City Attorney Gennaro responded. 347 ACTION TAKEN APPROVED AB BENHAM 34 8 Bakersfield, California, April 5, 2006 - Page 12 COUNCIL AND MAYOR STATEMENTS continued 18. Council member Hanson requested information regarding the utilization of personnel hired to combat graffiti should the proliferation of graffiti be a fad which naturally abates. City Manager Tandy responded. Councilmember Hanson requested information regarding compelling commercial property owners to remove graffiti. City Manager Tandy replied. Councilmember Hanson made comments regarding the recent immigration demonstrations and requested Chief Rector address the need for police services. Chief Rector responded. Council member Hanson requested information regarding an overturned railroad car behind Sam's Club. Public Works Director Rojas and Chief Fraze responded. Councilmember Hanson requested staff address Mrs. Williams concern regarding the timing of the traffic signal at Buena Vista and Panama. Councilmember Hanson requested information regarding girls softball facilities. Recreation and Parks Director Hoover responded. Council member Carson requested staff remove the abandoned vehicle behind a church near Martin Luther King Jr. Park. Councilmember Carson requested information regarding the seizure of drug/gang houses and requested staff provide a copy of the law providing for seizure at the next Safe Neighborhoods Committee meeting. Council member Scrivner requesting information regarding drainage issues. Public Works Director Rojas responded. Councilmember Scrivner requested staff respond to a property owner's questions regarding a senior housing project in the Stine/Berkshire area and provided contact information. Council member Scrivner thanked staff for increased enforcement in abating graffiti and code enforcement issues. ACTION TAKEN j j J L l L 18. Bakersfield, California, April 5, 2006 - Page 13 COUNCIL AND MAYOR STATEMENTS continued 34 9 ACTION TAKEN L_ . ._.__ _"._., '''__._.' ...._.u.._ _. _.____..k___ ._.~.__. _.._.___._.._~ _.,._._ ._._ ____ __~_______...__.,.. ____ ___~._~_.______~~...____ ,..____. _._J_____~_.__~_.~_____~___~..,._._.__~_.___.._ _._~_~,_.___~~,~._~ ~~__._...~______OI Council member Sullivan made positive comments regarding staffing increases in code enforcement and anti- graffiti. Councilmember Sullivan made comments regarding a mission trip. Councilmember Sullivan made comments regarding the passing of Buck Owens. Councilmember Couch requested John Stinson contact him. Councilmember Couch made comments regarding recent traffic deaths and passed along condolences to their family members. Councilmember Couch requested a conversation with Chief Rector regarding measures to slow traffic and racing. Vice-Mayor Maggard requested a report on the cost of police services and property damage related to recent protest marches. Vice-Mayor Maggard stated he is in favor of retaining call boxes. Vice-Mayor Maggard thanked City Clerk McCarthy for providing him replacement documents. Vice-Mayor Maggard requested staff provide Council with a response to the proposal from Big League Dreams. Vice-Mayor Maggard made comments regarding staffing levels in Public Works and Planning, the issue to be addressed during the budget development, and Council be provided a summary of accurate timeframes regarding the subdivision process. Mayor Hall made comments regarding the passing of Buck Owens. 350 Bakersfield, California, April 5, 2006 - Page 14 19. ADJOURNMENT Mayor Hall adjourned the meeting in memory of the late Buck Owens at 9:32 p.m. ATTEST: CITY CLERK and Ex Officio the Council of the City of Bake ACTION TAKEN " j j J