HomeMy WebLinkAbout08/30/06 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 30, 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, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
2. PRESENTATIONS
a.
Presentations by City Manager Tandy of Retirement
Plaques to Alan Christensen and Carroll Hayden.
Carroll Hayden and Alan Christensen accepted the
plaques and made comments.
3. PUBLIC STATEMENTS
None.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed session pursuant to subdivision
(b)(1 )(3)(A) of Government Code section 54956.9
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:25 p.m.
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6:00 p.m.
APPROVED
APPROVED
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Bakersfield, California, August 30,2006 - Page 2
RECONVENED MEETING - 6:30 p.m.
ACTION TAKEN
5.
ROLL CALL
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Present:
Mayor Hall, Vice-Mayor Maggard,
Council members Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Father Joseph Chaffee, St. George Greek
Orthodox Church.
7. PLEDGE OF ALLEGIANCE by Michael Eller, 5th Grade
Student at Standard Elementary School.
8. CLOSED SESSION ACTION
a.
NO REPORTABLE
ACTION
Conference with Legal Counsel - Potential
Litigation; Closed session pursuant to subdivision
(b)(1 )(3)(A) of Government Code section 54956.9
9. PRESENTATIONS
a.
Presentation by Mayor Hall of Proclamation to
Father Joseph Chaffee, Ms. Davida Delis and
Mr. Ted Bundy, of St. George Greek Orthodox
Church, proclaiming September 3-9, 2006, as
"Greek Heritage and Festival Week".
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Father Joseph Chaffee accepted the Proclamation.
10. PUBLIC STATEMENTS
a. Dr. Roddie Reed spoke regarding the Royal Palms
Mobile Home Park.
Vice-Mayor Maggard requested staff contact Dr. Reed
regarding making the Royal Palms Mobile Home Park
and the adjacent golf course an Historical Cultural
Monument, and report back to Council.
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 16, 2006,
Regular City Council Meeting.
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12.
CONSENT CALENDAR continued
ACTION TAKEN
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Payments:
b. Approval of department payments from August 4,
2006 to August 17, 2006 in the amount of
$11,613,391.87 and self-insurance payments from
August 4, 2006 to August 17, 2006 in the amount of
$164,252.30.
Ordinances:
c. First reading of Ordinance amending Chapter 9.23 FR
of the Bakersfield Municipal Code relating to loud
and unruly events.
d. First reading of Ordinance amending Section FR
~1.12.060 by adding Annexation No. 477 to Ward 6,
located east of Ashe Road, generally north and
south of Taft Highway.
e. Adoption of Ordinance approving a Negative ORD 4369
Declaration and amending Section
17.06.020 (Zone Map NO.1 02-05) of the Municipal
Code by changing the zoning from A (Agriculture) to
l C-1 (Neighborhood Commercial) on 15 acres
located at the northwest corner of Snow Road and
Coffee Road. (Applicant: SmithTech/USA, Inc.
representing Bidart Brothers) (ZC 06-0258)
f. Adoption of Ordinance amending Section 5.48.020 ORD 4370
of the Municipal Code relating to franchise rights.
Resolutions:
g. Verdugo Lane Planned Sewer Area:
1.
Resolution adopting the Verdugo Lane
Planned Sewer Area and making findings
thereto.
Adoption of Ordinance amending Section
16.32.060 of the Municipal Code relating to
sewer facilities.
RES 225-06
2.
ORD 4371
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12. CONSENT CALENDAR continued ACTION TAKEN
h. Econolite Autoscope Traffic Signal Video Detection j
Systems:
1. Resolution determining that video detection RES 226-06
systems cannot be obtained through the
usual bidding procedures and authorizing the
Finance Director to dispense with
bidding therefore, not to exceed $130,000.
2. Approve the purchase of fifteen (15)
Econolite Autoscopes from Econolite Control
Products, Inc. (not to exceed $130,000).
i. Trane HVAC Control Systems for the Convention
Center and City Hall Annex:
1. Resolution determining that the HVAC RES 227-06
Control Systems for the Convention Center
and City Hall Annex cannot be obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding therefore, not to exceed
$305,000.
2. Agreement with Trane Company ($305,000) AGR 06-248 j
to furnish and install Trane HVAC
control systems for City Hall Annex and the
Convention Center.
j. Assessment District No. 06-1 (Etcheverry/Lin
II/University Park):
1. Resolution approving acquisition and RES 228-06
disclosure agreements and authorizing
changes thereto and execution thereof.
2. Acquisition and Disclosure Agreement with AGR 06-249
Low Land Assets, LP.
3. Acquisition and Disclosure Agreement with AGR 06-250
Lennar Homes of California, Inc.
4. Agreement with Castle & Cooke California, AGR 06-251
Inc.
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12. CONSENT CALENDAR continued ACTION TAKEN
l k. Sale of Real Property
1. Resolution declaring real property located RES 229-06
north of Berkshire Road, east of State
Highway 99 surplus to needs of the City.
2. Agreement with Lennar Homes of California, AGR 06-252
Inc., a California corporation to purchase ORD 6477
property located north of Berkshire Road,
east of State Highway 99 for $80,000.
I. Resolution reaffirming the City's Annexation Mission RES 230-06
Statement and Amending the Pre-Application
Process for Annexations.
Resolution adding territory, Area 1-66 (Jewetta, RES 231-06
m.
Birchhaven SE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
n. Resolution adding territory, Area 3-53 (Berkshire, RES 233-06
l Reliance SW) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
o. Resolution adding territory, Area 3-54 (Berkshire, RES 233-06
Gosford SW) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
p. Resolution adding territory, Area 3-55 (Panama, RES 234-06
Ashe SW) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
q. Resolution adding territory, Area 4-59 (Beale, E. 18th RES 235-06
SW) to the Consolidated Maintenance District and
confirming the assessments, approving the Public
L Works Director's Report and authorizing collection
of assessments by the Kern County Tax Collector.
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12. CONSENT CALENDAR continued ACTION TAKEN
r. Resolution adding territory, Area 4-60 (E. Brundage, RES 236-06 J
Mt. Vernon NE)) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
s. Resolution confirming approval by the Assistant City RES 237-06
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of weeds,
debris and waste matter and authorize collection of
the assessments by the Kern County Tax Collector.
Resolution Authorizing the requisite city personnel REMOVED FOR
t. SEPARATE
to execute all documents required to access Section CONSIDER A TION
108 Loan Guarantee Funds of $1.6 Million for Fire
Station #5 Project.
Agreements:
u. Tract Map and Improvement Agreements:
1. Final Map and Improvement Agreements AGR 06-253 j
with Lennar Homes of California, Inc. for AGR 06-254
Tract 6367 Units 1 & 2 located east of Wible AGR 06-255
Road on Berkshire Road.
2. Final Map and Improvement Agreements AGR 06-256
with Olive Branch Community Church-
Bakersfield for Tract 6399 located at the
northwest intersection of Olive Drive and Old
Farm Road.
v. Agreement with Duane Morris, LLP, ($250,000) for AGR 06-257
outside legal services in the matter of North Kern
Water Storage District v Kern Delta Water District, et
al; and, City of Bakersfield v Kern Delta Water
District (CEQA).
w. Amendment NO.5 to Agreement No. 87-18 with AGR 87-18(5)
Dreyer's Grand Ice Cream, Inc. to correct an
error in the calculation of interest charges relating to
the purchase of additional wastewater treatment and
disposal capacity at Wastewater Treatment Plant
NO.3.
x. Amendment No.2 to Agreement No. 04-241 with AGR 04-241(2) j
CompuCom ($332,997.23) regarding
software licenses.
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CONSENT CALENDAR continued
ACTION TAKEN
AGR 06-258
y.
Agreement with Action Sports for use of a portion of
the complex (Aquatic Center and Ice Center) for the
purpose of selling hockey and swimming
accessories.
Bids:
z. Accept bid from Central Valley Truck Center
($1,612,348.24) for seven (7) additional LNG
automated front loaders.
aa. Extend bids for pickup trucks from:
1. Jim Burke Ford, $307,571.41 for eight (8)
replacement and thirteen (13) additional
pickup trucks for the Development Services
Department, Water Resources Department,
Police Department, Recreation and Parks
Department and Public Works Department
Engineering Division.
2.
Raceway Ford, $309,806.72 for five (5)
replacement and seven (7) additional pickup
trucks for Recreation and Parks Department
and the Public Works Department Streets
Division.
bb. Accept bid from Best Buy Gov LLC ($41,515.40) for
digital cameras for the Police Department and
Public Works Graffiti Division.
cc. Accept bid from Hanson Pipe and Pre-Cast
($90,672.15) for the purchase of culvert for Kern
Island Canal - Branch 1 (Hughes Lane and
McCourry Street)
dd. Mountain Vista At-Grade Rail Crossing at the Union
Pacific Railroad Buttonwillow Branch:
1.
Accept bid and award contract to Griffith
Company ($894,894).
AGR 06-259
2. Appropriate $700,000 Transportation
Development Fund balance to the Capital
Improvement Budget.
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Bakersfield, California, August 30, 2006 - Page 8
CONSENT CALENDAR continued
ACTION TAKEN
ee.
Akers Road At-Grade Rail Crossing at the Union
Pacific Railroad Buttonwillow Branch:
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Accept bid and award contract to Griffith
Company ($1,581,581).
2. Appropriate $468,000 Transportation
Development Fund balance to the Capital
Improvement Budget.
AGR 06-260
1.
ff. Annual Contract for Street Materials
1.
Accept bid and award contract to Granite
Construction (not to exceed $5,000,000).
AGR 06-261
2.
Accept bid and award contract to AC
Materials (not to exceed $2,500,000).
AGR 06-262
gg.
Accept bid and award contract to AC Electric
($291,780.90) for the traffic signal and lighting
system modifications on Stockdale Highway at Stine
Road and Real Road.
AGR 06-263
Miscellaneous:
hh.
Appropriate $5,000 contribution from Castle &
Cooke, Inc. to the Recreation and Parks
Capital Improvement Budget within the Park
Improvement Fund for Refurbishment of the
Silver Creek Community Center located at 7011
Harris Road.
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ii. Appropriate $76,416.00 State Grant Revenue for
the Waste Tire Clean Up Grant Program;
$27,072.00 to the Development Services Operating
Budget in the General Fund and $49,344.00 to the
Solid Waste Operating Budget in the Refuse Fund.
Motion by Vice-Mayor Maggard to approve consent
calendar items 12.a. through 12.1i. with the removal of
items 12.c. and 12.t for separate consideration.
APPROVED
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12.
CONSENT CALENDAR continued
ACTION TAKEN
FR
c.
First reading of Ordinance amending Chapter 9.23
of the Bakersfield Municipal Code relating to loud
and unruly events.
Vice-Mayor Maggard requested staff investigate
suspending drivers licenses for graffiti offenses.
Motion by Vice-Mayor Maggard to give first reading to
the Ordinance.
APPROVED
t.
Resolution Authorizing the requisite city personnel
to execute all documents required to access Section
108 Loan Guarantee Funds of $1.6 Million for Fire
Station #5 Project.
RES 224-06
AGR 06-247
Motion by Councilmember Carson to adopt the
Resolution.
APPROVED
13. CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution authorizing
St. John Manor, L.P. to issue multifamily housing
revenue bonds (not to exceed $5 million) for the
rehabilitation of the St. John Manor Apartment
located at 900 4th Street.
RES 238-06
b.
Public Hearing to consider Development Plan
Review No. 05-1897; Mcintosh and Associates,
representing Castle and Cooke Development
(property owner) has applied for development plan
review on 11.94 acres located on the northeast
corner of Ashe Road and Panama Lane. An
appeal of the Planning Commission's decision was
submitted by Mcintosh and Associates.
WITHDRAWN
Applicant withdrew item 13.b.
Hearings opened at 6:54 p.m.
No one spoke.
Hearing closed at 6:55 p.m.
Motion by Vice-Mayor to approve Consent Calendar
Items 13.a and 13.b.
APPROVED
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HEARINGS
ACTION TAKEN
a.
Public Hearing to consider General Plan
Amendment/Zone Change 05-1947; Banducci
Land, LLC. (property owner) has applied for a
general plan amendment and zone change on
approximately 46 acres located at the northwest
corner of Gosford Road and McKee Road (future).
An appeal of the Planning Commission's decision
was submitted by Brent Dezember.
1. Resolution approving the Negative
Declaration, upholding the appeal modifying
conditions of approval, and adopting the
general plan amendment changing the land
use designation from R-IA (Resource-
Intensive Agriculture) to LR (Low Density
Residential) on approximately 46 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of Municipal Code and amending Zoning
Map No. 123-32 from A (Agriculture) to
R-1 (One-Family Dwelling) on approximately
46 acres.
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City Clerk McCarthy announced correspondence
was received from Timothy Kleier, Banducci Land,
LLC requesting the issue be continued to the next
GPA cycle.
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Hearing opened at 6:57 p.m.
No one spoke.
Hearing closed at 6:57 p.m.
Motion by Councilmember Hanson to continue the item
to the next GPA cycle.
APPROVED
b. Continued Public Hearing to consider appeal by
Leroy Petty of the Building Director's
decision concerning construction of a carport at
3309 Spring View Street.
1.
RES 239-06
Resolution upholding the Building Director's
decision requiring the applicant to apply
for a zoning modification with the Planning
Department and comply with the Board of
Zoning Adjustment's ruling within 10 days or,
if a zoning modification is not pursued,
remove the carport within 30 days.
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HEARINGS continued
Item 14.b. continued
ACTION TAKEN
Staff comments by Development Services Director
Grady.
Hearing opened at 7:00 p.m.
Leroy Petty spoke in opposition to the staff
recommendation.
Hearing closed at 7:05 p.m.
Assistant City Attorney Scanlan requested Vice-Mayor
Maggard affirm that he had listened to the tape of the
prior meeting or abstain from the vote. Vice-Mayor
Maggard stated he listened to the audio and
additionally watched the video of the prior meeting.
Motion by Councilmember Hanson to adopt the
Resolution.
APPROVED
15. REPORTS
None.
16.
DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested the Community
Services Committee review a citizen suggestion that a
park watch program be established and provided
correspondence.
Councilmember Benham requested staff respond to
correspondence to the Bakersfield Amateur Baseball
Association and provided the correspondence.
Councilmember Benham expressed condolences to the
families of the two children killed in the explosion on
Tuesday in the Oleander neighborhood; provided
information regarding contributions in honor of the children
and praised the Police Department and the Bakersfield City
School District for handling of the tragedy.
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Bakersfield, California, August 30, 2006 - Page 12
18.
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Scrivner expressed appreciation to the
staff for handling of his referrals.
Council member Carson extended condolences to the
families of the children killed in Tuesday's explosion and
provided details of a car wash fund raiser for the children's
expenses.
Councilmember Hanson requested staff provide an
explanation regarding the process for taxing real estate
buslnessesltransactions.
Council member Hanson made comments regarding
traffic at Buena Vista and Panama.
Councilmember Sullivan requested staff provide the
Ordinance regulating dirt bike operation and wearing
helmets on City streets.
Councilmember Sullivan requested staff provide the
Ordinance regarding the feeding of the homeless in
parks.
Councilmember Sullivan made comments regarding the
proposed Park Watch Program.
Councilmember Sullivan made comments regarding recent
street repairs.
Councilmember Sullivan made comments regarding
repaving of streets in the Edmonton area.
Councilmember Sullivan requested staff provide a
workshop regarding the Mill Creek Project Including a
projected tlmeline.
Councilmember Couch requested the Joint City/County
Meeting address coordinating development standards
particularly at Allen Rd. and Hageman and Old Farm Rd
and Rosedale.
Councilmember Couch requested staff contact him
regarding YFC.
Councilmember Couch requested staff contact Craig
Smith from PG&E regarding a Smart Meters
Presentation and provide an update on the Kern
Power Plant.
ACTION TAKEN
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18.
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Couch requested staff draft a letter to
the City of Shafter proposing finalization of
development standards along Seventh Standard Rd.
Councilmember Couch thanked staff for obtaining grant
funds from the Rose Foundation.
Councilmember Couch provided correspondence and
requested staff respond.
Councilmember Couch requested Mayor Hall close the
meeting in honor or Denise Sullivan, former Deputy City
Clerk, who recently lost her battle with cancer.
Vice-Mayor Maggard requested staff analyze the
feasibility of a sewer round-about at Hageman and
Allen Rd. and report back to him.
Vice-Mayor Maggard introduced Peter Saymore, the
new reporter from KUZZ.
19.
ADJOURNMENT
Mayor Hall adjourned the meeting at 7:37 p.m. in
memory of former Deputy City Clerk, Denise Sullivan.
ATTEST:
CITY CLERK and Ex Officio
the Council of the City of Ba
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ACTION TAKEN
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