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